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FRIENDS OF WILD SWAN v. U.S. FISH AND WILDLIFE

Civil No. 94-1318-JO.

945 F.Supp. 1388 (1996)

FRIENDS OF the WILD SWAN, INC., and Alliance for the Wild Rockies, Inc., Plaintiffs, v. UNITED STATES FISH AND WILDLIFE SERVICE, an agency of the United States Department of the Interior, and Michael J. Spear, Director, Region One of the United States Fish and Wildlife Service, Defendants.

United States District Court, D. Oregon.

November 13, 1996.

Attorney(s) appearing for the Case

Gary Keith Kahn, Reeves Kahn & Eder, Portland, OR, Jack R. Tuholske, Missoula, MT, for Plaintiffs.

Kristine Olson, United States Attorney, District of Oregon, Thomas C. Lee, Assistant United States Attorney, United States Attorney's Office, Portland, OR, Ellen J. Kohler, U.S. Department of Justice, Environment and Natural Resources Division, Washington, DC, Scott W. Horngren, Michael E. Haglund, Shay S. Scott, Haglund & Kirtley, Portland, OR, for Defendants and Intervenor-Defendants.

OPINION AND ORDER

ROBERT E. JONES, District Judge:

Plaintiffs Friends of the Wild Swan, Inc. and Alliance for the Wild Rockies, Inc. challenge the United States Fish and Wildlife Service's (FWS's) 1994 FINDING that listing of the bull trout as endangered or threatened under the federal Endangered Species Act (ESA) was warranted but precluded. This case is now before this court on plaintiffs' and defendants' cross motions (112, 124) for summary judgment...

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