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WESTERN RADIO SERVICES CO., INC. v. ESPY

No. 94-35605.

79 F.3d 896 (1996)

WESTERN RADIO SERVICES COMPANY, INC., Oregon corporation, Plaintiff-Appellant, v. Michael ESPY, Secretary, U.S. Department of Agriculture; Jack Ward Thomas, Chief, U.S. Forest Service; John Lowe, Regional Forester; Richard A. Ferraro, Deputy Regional Forester; Tom Schmidt, Forest Supervisor; Byron Cheney, District Ranger; Slater Communications & Electronics, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 18, 1996.

Attorney(s) appearing for the Case

Michael D. Axline, Johnson & Kloos, Eugene, Oregon, for plaintiff-appellant.

Joan M. Pepin, United States Department of Justice, Washington, D.C., for federal defendants-appellees.

Rose M.Z. Freeby, Evans, Freeby & Jennings, Salem, Oregon, for defendant-appellee Slater Communications.

Before: WALLACE, D.W. NELSON, and BRUNETTI, Circuit Judges.

WALLACE, Circuit Judge:

Western Radio Services Co., Inc. (Western) appeals from the district court's summary judgments for the United States Forest Service (Service) and Slater Communications & Electronics, Inc. (Slater). The district court held that the Service did not abuse its discretion in issuing a special use permit to Slater and that Western did not have standing to bring a claim under the National Environmental Policy Act (NEPA). The district court had...

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