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SIERRA CLUB v. ESPY

No. 93-5050.

38 F.3d 792 (1994)

SIERRA CLUB, et al., Plaintiffs-Appellees, v. Mike ESPY, in his official capacity as Secretary of Agriculture, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 21, 1994.

Attorney(s) appearing for the Case

Martin W. Matzen, Robert L. Klarquist, U.S. Dept. of Justice, Washington, DC, for appellants.

J. Michael Klise, Steven P. Quarles, Thomas R. Lundquist, Crowell & Moring, Washington, DC, James R. Cornelius, Zelesky, Cornelius, Hallmark, Roper & Hicks, Lufkin, TX, for intervenor Tex. Forestry & Southern Timbers.

James Angell, Bozeman, MT, Barbara Lowe, Philadelphia, PA, for Sierra Club and The Wilderness Soc.

Edward C. Fritz, Dallas, TX, for Tex. Comm. of Natural Resources.

Before HIGGINBOTHAM, JONES and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The district court issued a preliminary injunction barring the Forest Service from conducting even-aged management in any of the four Texas national forests. The injunction was based on the district court's finding of probable success on plaintiffs' claims under two statutes: the National Forest Management Act, 16 U.S.C. §§ 1600-1614, and the National Environmental Policy Act...

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