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MOUNT GRAHAM COALITION v. THOMAS

No. 96-16017.

89 F.3d 554 (1996)

MOUNT GRAHAM COALITION; National Audubon Society; Friends of the Earth; Defenders of Wildlife; Save America's Forests; Sierra Club; Humane Society of the U.S.; Maricopa Audubon Society; Huachuca Audubon Society; Northern Arizona Audubon Society; Prescott Audubon Society; Tucson Audubon Society; Yuma Audubon Society; Arizona Wildlife Federation; Biodiversity Legal Foundation; Southwest Center for Biological Diversity; Student Environmental Action Coalition, Southwest Chapter; Sky Island Alliance; Robin Silver; David Hodges; Roger Featherstone, Plaintiffs-Appellants, v. Jack Ward THOMAS, Chief of the United States Forest Service; Michael Espy, Secretary of the Department of Agriculture; Bruce Babbitt, Secretary of the Department of Interior; Mollie Beattie, Director of the United States Fish and Wildlife Service, Defendants-Appellees, and State of Arizona Board of Regents, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 17, 1996.

As Amended July 23, 1996.

Attorney(s) appearing for the Case

Eric R. Glitzenstein, Meyer & Glitzenstein, Washington, D.C., for Plaintiffs-Appellants.

Mark R. Haag, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

David C. Todd, Patton Boggs, Washington, D.C., for Defendant-Intervenor-Appellee.

Before: CANBY, JOHN T. NOONAN and LEAVY, Circuit Judges.

Submitted to Motions June 12, 1996.

ORDER

Appellants Mount Graham Coalition and others ("the Coalition") have filed an emergency motion for a stay pending appeal. The Coalition seeks to stay the order of the District Court for the District of Arizona dissolving its injunction against further construction or site preparation for a telescope on Peak 10,477 in the Coronado National Forest in Arizona. We deny the stay because we conclude that the Coalition's...

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