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WESTERN RADIO SERVICES CO., INC. v. GLICKMAN

No. 96-35773.

113 F.3d 966 (1997)

WESTERN RADIO SERVICES COMPANY, INC., an Oregon Corporation; Richard L. Oberdorfer, Plaintiffs-Appellants, v. Daniel GLICKMAN, in his official capacity as Secretary, United States Department of Agriculture; Jack Ward Thomas, Chief, USDA Forest Service; Gordon H. Small, USDA Forest Service, Director of Lands; John Lowe, USDA Forest Service, Pacific Northwest Regional Forester; Charles Graham, USDA Forest Service, Fremont National Forest Supervisor; Charles Stocks, USDA Forest Service, Silver Lake District Ranger, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 7, 1997.

Attorney(s) appearing for the Case

Paul Merrell, Eugene, Oregon, for plaintiffs-appellants.

Tamara N. Rountree, United States Department of Justice, Washington, DC, for defendants-appellees.

Before: FLETCHER and TASHIMA, Circuit Judges, and SCHWARZER, District Judge.

FLETCHER, Circuit Judge:

Western Radio Services Company ("Western") and its president, Richard Oberdorfer, appeal from the district court's grant of summary judgment in favor of the United States Forest Service ("Service"). This dispute arises out of the Service's decision to grant a special use permit to Central Oregon Cellular ("Cellular One") for a telecommunications facility on Dead Indian Mountain. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we...

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