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HUMANE SOC. OF U.S. v. BABBITT

No. 93-5339.

46 F.3d 93 (1995)

The HUMANE SOCIETY OF THE UNITED STATES, Appellant, v. Bruce BABBITT, Secretary of the United States Department of Interior, Irvin Feld and Kenneth Feld Productions, Inc., d/b/a Ringling Bros. and Barnum & Bailey Circus, and Hawthorn Corporation, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 14, 1995.

Attorney(s) appearing for the Case

Irwin Goldbloom argued the cause for appellant. With him on the briefs were Lee D. Hwang and Robert B. Wasserman. Philip Lance Gordon entered an appearance for appellant.

Martin W. Matzen, Atty., U.S. Dept. of Justice, argued the cause for appellee Babbitt. With him on the brief were Lois J. Schiffer, Asst. Atty. Gen., and Robert L. Klarquist, Atty., U.S. Dept. of Justice.

Sally P. Paxton argued the cause for appellee Ringling Bros. and Barnum & Bailey Circus. With her on the brief was John M. Simpson.

Benjamin W. Boley argued the cause for appellee Hawthorn Corp. With him on the brief were Robert B. Wasserman and David B. Goodhand. Larry T. Garvin entered an appearance for Hawthorn Corp.

Before: SILBERMAN,ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The Humane Society of the United States (Society) appeals from the district court's grant of summary judgment in favor of the Secretary of the Interior and Hawthorn Corporation. The Society challenged a certificate issued by the Secretary exempting Hawthorn from Endangered Species Act (ESA) prohibitions on the transport of an Asian elephant interstate and abroad. We conclude...

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