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BICYCLE TRAILS COUNCIL OF MARIN v. BABBITT

No. 94-16920.

82 F.3d 1445 (1996)

BICYCLE TRAILS COUNCIL OF MARIN, a California Nonprofit corporation; Bicycle Trails Council of the East Bay, a California nonprofit corporation; International Mountain Bicycling Association, a California nonprofit corporation; League of American Wheelmen, a Maryland nonprofit corporation, et al., Plaintiffs-Appellants, v. Bruce BABBITT, Secretary of the Interior; James M. Ridenour, Director of the National Park Service; Brian O'Neill, General Superintendent of the Golden Gate National Recreation Area, Defendants-Appellees, Bay Area Trails Preservation Council; Marin Horse Council; Tamalpais Conservation Club; Sierra Club and National Parks and Conservation Association, all nonprofit corporations, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 6, 1996.

As Amended June 17, 1996.

Attorney(s) appearing for the Case

Terry J. Houlihan, McCutchen, Doyle, Brown & Enersen, San Francisco, California, for plaintiffs-appellants.

Robert L. Klarquist, United States Department of Justice, Washington, D.C., for defendants-appellees.

Deborah S. Reames, Sierra Club Legal Defense Fund, San Francisco, California, for defendant intervenors-appellees.

Before: REINHARDT, THOMPSON, and O'SCANNLAIN, Circuit Judges.

ORDER

We affirm the district court's grant of summary judgment in favor of defendants, authored by the Honorable Eugene F. Lynch. We adopt the district court's thorough and well-reasoned order granting summary judgment, with the exception of the waiver analysis in Parts III(A)(1)(a) and III(A)(2)(a), as to which we express no opinion. The district court's order is appended hereto, as amended to reflect the omission of the...

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