STUPAK-THRALL v. U.S.

No. 94-1863.

70 F.3d 881 (1995)

Kathy STUPAK-THRALL, Michael A. Gajewski, and Bodil Gajewski, Plaintiffs-Appellants, v. UNITED STATES of America and Daniel R. Glickman, Secretary of Agriculture, individually and in his official capacity, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 29, 1995.


Attorney(s) appearing for the Case

Todd S. Welch (argued and briefed), William P. Pendley, Mountain States Legal Foundation, Denver, CO, for Kathy Stupak-Thrall.

Todd S. Welch, Mark D. Tousignant, Iron River, MI, for Michael A. Gajewski, Bodil Gajewski.

Peter A. Appeal (argued and briefed), U.S. Dept. of Justice, Land & Natural Resources Div., Washington, DC, Judd R. Spray, Office of U.S. Atty., Marquette, MI, for U.S.

John A. Bryson, Peter A. Appel, U.S. Dept. of Justice, Land & Natural Resources Div., Washington, DC, Judd R. Spray, Office of U.S. Atty., Marquette, MI, for Michael Espy.

Walter Kuhlman (briefed), Boardman, Suhr, Curry & Field, Madison, WI, amicus curiae for Upper Peninsula Environmental Coalition.

Before: BROWN, NELSON, and MOORE, Circuit Judges.


MOORE, Circuit Judge.

The extent and validity of federal power under the Wilderness Act of 1964 and the Michigan Wilderness Act of 1987 form the central issues of this appeal. Plaintiffs are possessors of surface rights to a lake, held in common with the United States. They challenge certain United States Forest Service restrictions on activities on the lake, claiming that they are beyond the Forest Service's statutory and constitutional authority. The district court...

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