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IDAHO FARM BUREAU FEDERATION v. BABBITT

Nos. 94-35164, 94-35230.

58 F.3d 1392 (1995)

IDAHO FARM BUREAU FEDERATION, a non-profit corporation; Idaho Cattle Association, a non-profit corporation, et al., Plaintiffs-Appellees-Cross-Appellants, v. Bruce BABBITT, Secretary of Interior, et al., Defendants-Appellees, and Idaho Conservation League, Inc., an Idaho non-profit corporation; Committee for Idaho's High Desert, Inc., an Idaho non-profit corporation, Intervenors-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 29, 1995.

Attorney(s) appearing for the Case

Scott L. Campbell, and Bobbi K. Dominick, Elam & Burke, Boise, ID, for plaintiffs-appellees-cross-appellants.

Albert M. Ferlo, Jr., and John L. Marshall, U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

Laurence J. Lucas, Land & Water Fund of the Rockies, Boise, ID, for intervenors-appellants-cross-appellees.

Before: WOOD, Jr., HUG, and TANG, Circuit Judges.

TANG, Senior Circuit Judge:

Idaho Conservation League and Committee for Idaho's High Desert ("ICL/CIHD"), intervenors in the district court proceedings, appeal from a district court judgment setting aside the final rule listing the Bruneau Hot Springs Snail as an endangered species. The judgment was entered after a hearing on cross-motions for summary judgment. The district court determined that the listing rule was arbitrary...

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