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FUND FOR ANIMALS v. BABBITT

Nos. 957, Docket 95-6167.

89 F.3d 128 (1996)

The FUND FOR ANIMALS, Green Mountain Animal Defenders, Inc., Sherry Pyden, Bert Dodson and Bonnie Dodson, Plaintiffs-Appellants, v. Bruce BABBITT, Secretary of U.S. Department of Interior, Mollie Beattie, Director, U.S. Fish and Wildlife Service, Allen Elser, Commissioner, Vermont Department of Fish and Wildlife, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 17, 1996.

Attorney(s) appearing for the Case

Eric R. Glitzenstein, Washington, D.C. (Kimberley K. Walley, Meyer & Glitzenstein, Washington, D.C., of counsel), for Plaintiffs-Appellants.

Helen M. Toor, Assistant United States Attorney, Chief, Civil Division, Burlington, VT (Charles R. Tetzlaff, United States Attorney, District of Vermont, Burlington, VT, of counsel), for Defendants-Appellees Bruce Babbitt and Mollie Beattie.

John H. Hasen, Assistant Attorney General, Montpelier, VT (Jeffrey L. Amestoy, Attorney General of the State of Vermont, Montpelier, VT, of counsel), for Defendant-Appellee Allen Elser.

Before: JACOBS, LEVAL and PARKER, Circuit Judges.

PARKER, Circuit Judge:

In 1992, as part of a Moose Management Program, the State of Vermont decided to hold its first moose hunt since 1896. Vermont obtained funding from the federal Fish and Wildlife Service for a "Moose Investigation Project" in 1993. Among other things, this project included preparation for the hunt. Plaintiffs, the Fund for Animals, Green Mountain Animal Defenders, Inc., Sherry Pyden, Bert Dodson, and Bonnie Dodson brought suit challenging the...

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