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MARBLED MURRELET v. BABBITT

No. 95-16504.

83 F.3d 1060 (1996)

MARBLED MURRELET, (Brachyramphus marmoratus); Environmental Protection Information Center, Plaintiffs-Appellees, v. Bruce BABBITT, Secretary, Department of Interior; John Turner, Director, United States Fish and Wildlife Service, et al., Defendants, and Pacific Lumber Company, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 7, 1996.

As Amended on Denial of Rehearing and Suggestion for Rehearing June 26, 1996.

Attorney(s) appearing for the Case

Walter R. Allan, San Francisco, California, for defendant-appellant.

Macon Cowles, Boulder, Colorado, for plaintiffs-appellees.

Before: THOMPSON and TASHIMA, Circuit Judges, and WILSON, District Judge.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc June 26, 1996.

DAVID R. THOMPSON, Circuit Judge:

Pacific Lumber Company wanted to harvest trees on a portion of its land in an oldgrowth forest known as Owl Creek. The Environmental Protection Information Center (EPIC) brought suit in its own name and in the name of the marbled murrelet to enjoin Pacific Lumber's proposed logging plan. EPIC alleged that the logging would result in a "take...

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