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APACHE SURVIVAL COALITION v. U.S.

Nos. 92-15635, 92-16288.

21 F.3d 895 (1994)

APACHE SURVIVAL COALITION, et al., Plaintiffs-Appellants, v. UNITED STATES of America, and James Abbott, in his official capacity as Supervisor, Coronado National Forest, Defendants-Appellees, and The University of Arizona, Defendant-Intervenor-Appellee. APACHE SURVIVAL COALITION, et al., Plaintiffs-Appellants, v. UNITED STATES of America, and James Abbott, in his official capacity as Supervisor, Coronado National Forest, Defendants-Appellees, and The University of Arizona, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 8, 1994.

Attorney(s) appearing for the Case

Michael R. Lozeau, San Francisco, CA, for plaintiffs-appellants.

M. Alice Thurston, U.S. Dept. of Justice, Washington, DC, for defendants-appellees U.S., et al.

William N. Poorten, III, Snell & Wilmer, Tucson, AZ, for intervenor-appellee University of Arizona.

Before: CHOY, D.W. NELSON, and NORRIS, Circuit Judges.

Opinion by Judge D.W. NELSON

D.W. NELSON, Circuit Judge:

This is the fourth time in three years that this court has considered challenges to the Mount Graham international astrophysical observatory project.1 In this case, the Apache Survival Coalition ("Coalition"), a nonprofit corporation created under the laws of the State of Arizona in May 1990, seeks to halt construction of several telescopes on Mount Graham, Arizona, basing...

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