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FOREST CONSERVATION COUNCIL v. ROSBORO LUMBER CO.

No. 94-35070.

50 F.3d 781 (1995)

FOREST CONSERVATION COUNCIL, Plaintiff-Appellant, v. ROSBORO LUMBER COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 24, 1995.

Attorney(s) appearing for the Case

Gary K. Kahn, Reeves, Kahn and Eder, Portland, OR, for plaintiff-appellant.

Steven P. Quarles, Crowell & Moring, Washington, DC, for defendant-appellee.

Jeffrey P. Kehne, Environment & Natural Resources Div., U.S. Dept. of Justice, Washington, DC, for amicus curiae.

Before: PREGERSON, TROTT, Circuit Judges, and FITZGERALD, Senior District Judge.

PREGERSON, Circuit Judge:

Plaintiff-Appellant Forest Conservation Council ("FCC") appeals the district court's order granting summary judgment in favor of Defendant-Appellee Rosboro Lumber Company ("Rosboro"). FCC sued Rosboro under the citizen suit provision of the Endangered Species Act, 16 U.S.C. § 1540(g)(1)(A), for violating 16 U.S.C. § 1538(a)(1)(B), which prohibits the "taking" of a federally listed threatened species without a permit from the United...

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