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COALITION OF ARIZONA/NEW MEXICO COUNTIES v. DOI

No. 95-2189.

100 F.3d 837 (1996)

COALITION OF ARIZONA/NEW MEXICO COUNTIES FOR STABLE ECONOMIC GROWTH, Plaintiff-Appellee, v. DEPARTMENT OF the INTERIOR, United States Fish and Wildlife Service; Bruce Babbitt, Secretary, Department of Interior; Molly Beattie, Director, United States Fish and Wildlife Service; John Rogers, Regional Director, Defendants-Appellees, Robin Silver, Applicant in Intervention-Appellant.

United States Court of Appeals, Tenth Circuit.

November 15, 1996.

Attorney(s) appearing for the Case

Daniel B. Frank (Karen J. Budd-Falen with him, on the brief), Budd-Falen Law Offices, P.C., Cheyenne, WY, for Plaintiff-Appellee.

John J. Kelly, U.S. Attorney, Albuquerque, NM, for Defendants-Appellees (no appearance at argument).

Laura M. Featherston, Student Attorney (James Jay Tutchton, with her, on the brief), Earthlaw, University of Denver—Foote Hall, Denver, CO, for Applicant in Intervention-Appellant.

Before HENRY, LIVELY, and MURPHY, Circuit Judges.

HENRY, Circuit Judge.

Dr. Robin Silver appeals from the order of the United States District Court for the District of New Mexico denying his application to intervene in plaintiff-appellee Coalition of Arizona/New Mexico Counties for Stable Economic Growth's ("Coalition") suit against the Department of the Interior ("DOI"), the United States Fish and Wildlife Service ("FWS") and various government officials. The Coalition challenges FWS's decision to

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