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LAKE MOHAVE BOAT OWNERS ASS'N v. NAT. PARK SERVICE

Nos. 93-55629, 93-55759 and 93-55875.

67 F.3d 1480 (1995)

LAKE MOHAVE BOAT OWNERS ASSOCIATION, Plaintiff-Appellee-Cross-Appellant, v. NATIONAL PARK SERVICE, Alan J. O'Neill, Stanley Albright, Bruce Babbitt, Secretary of the Interior, and Seven Resorts, Inc., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 18, 1995.

Attorney(s) appearing for the Case

John F. Daly, Frank W. Hunger, Nora Manella and Michael Jay Singer, United States Department of Justice, Washington, DC; Barnet Resnick and Catherine T. Fair, White, Clinebell & Resnick, Newport Beach, California, for defendants-appellants-cross-appellees.

Roger N. Golden, Beverly Hills, California, for plaintiff-appellee-cross-appellant.

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

BOGGS, Circuit Judge.

The National Park Service (NPS) and Seven Resorts, Inc. (SRI) appeal from the district court's grant of summary judgment in favor of the Lake Mohave Boat Owners Association (LMBOA). The district court held that NPS violated the Freedom of Information Act (FOIA), 5 U.S.C. § 552, because NPS did not publish in the Federal Register its rate-setting guidelines for marinas that operate in national parks. The district court also found that...

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