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SIERRA CLUB v. MARTIN

No. Civ.A.196CV926FMH.

71 F.Supp.2d 1268 (1996)

SIERRA CLUB; The Wilderness Society; Georgia Forestwatch, Inc.; The Amurchee Alliance; The Rabun County Coalition to Save the Forest, Inc.; and Friends of Georgia, Inc., Plaintiffs, v. George MARTIN, in his official capacity as Forest Supervisor of the Chattahoochee and Oconee National Forest; Robert C. Joslin, Regional Forester of the United States Forest Service for Regional Eight; and United States Forest Service, Defendants, v. Bert Thomas; Cook Brothers Lumber Co., Inc.; Parton Lumber Co., Inc.; and Thrift Brothers Lumber Co., Inc., Intervenors.

United States District Court, N.D. Georgia, Atlanta Division.

September 17, 1996.

Attorney(s) appearing for the Case

Donald D. J. Stack, Stack & Associates, Atlanta, GA, Eric Eugene Huber, Earthjustice Legal Defense Fund, Inc., New Orleans, LA, for Plaintiffs.

James Randolph Schulz, Office of U.S. Atty., Northern District of Georgia, Atlanta, GA, Lois J. Schiffer, phv-USDOJ, U.S. Department of Justice, Environment & Natural Resources Division, Environmental Enforcement Section, Washington, DC, Kelly E. Mofield, phv-DOJ, Stephen R. Herm, phv-USDOJ, U.S. Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, Washington, DC, Lisa A. Holden, phv-DOJ, U.S. Department of Justice, Environment & Natural Resources Division, General Litigation Section Washington, DC, for Defendants.

ORDER

HULL, District Judge.

This matter is before the Court on the Plaintiffs' Motion for a Preliminary Injunction [3-1, 3-2] seeking to enjoin the timber cutting of 2,103 acres in the Chattahoochee and Oconee National Forests in Georgia. After reviewing the record in its entirety and hearing oral arguments of counsel for the parties, the Court hereby GRANTS Plaintiffs' Motion for a Preliminary Injunction [3-2] and finds as follows.

I.

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