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MOUNT GRAHAM COALITION v. THOMAS

Nos. 94-16324, 94-16632.

53 F.3d 970 (1995)

MOUNT GRAHAM COALITION, et al., Plaintiffs-Appellees, v. Jack Ward THOMAS, Chief of the United States Forest Service; Michael Espy, Secretary of the Department of Agriculture; Bruce Babbitt, Secretary of the Department of Interior; and Mollie Beattie, Director of the United States Fish and Wildlife Service, Defendants-Appellants, State of Arizona Board of Regents, Defendant-Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 24, 1995.

Attorney(s) appearing for the Case

M. Alice Thurston, Dept. of Justice, Washington, DC, for defendants-appellants.

Thomas M. Thompson, The University of Arizona, Tucson, AZ (on the briefs), and David C. Todd, Patton Boggs, L.L.P., Washington, DC (on the briefs and argued), for defendant-intervenor-appellant.

Eric Glitzenstein, Meyer & Glitzenstein, Washington, DC (on the briefs and argued), for plaintiffs-appellees.

Before: ALARCON and HALL, Circuit Judges, and KING, Senior District Judge.

ALARCON, Circuit Judge.

This case represents another challenge to the Mount Graham international observatory project. See Apache Survival Coalition v. United States, 21 F.3d 895 (9th Cir.1994) ("Red Squirrel IV"); Mt. Graham Red Squirrel v. Espy, 986 F.2d 1568 (9th Cir. 1993) ("Red Squirrel III"); Mt. Graham Red Squirrel v. Madigan, 954 F.2d 1441

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