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MOUNT GRAHAM COALITION v. U.S. FOREST SERVICE

No. 96-16240.

108 F.3d 1100 (1997)

MOUNT GRAHAM COALITION; Maricopa Audubon Society, Plaintiffs-Appellants, v. U.S. FOREST SERVICE; Michael Espy, Secretary of the Department of Agriculture, Defendants-Appellees, University of Arizona Board of Regents, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 7, 1997.

Attorney(s) appearing for the Case

Thomas M. Thompson, William Poorten, Tucson, Arizona, David C. Todd, Patton, Boggs & Blow, Washington, D.C., for defendant-intervenor-appellee University of Arizona.

Lois J. Schiffer, James C. Kilbourne, Charles R. Shockey, M. Alice Thurston, Mark R. Haag, United States Department of Justice, Washington, D.C., for federal defendants-appellees.

Matt Kenna, Geoff Hickcox, Kenna & Associates, Durango, Colorado, for plaintiffs-appellants.

Before: BOOCHEVER, KOZINSKI, and JOHN T. NOONAN, Jr., Circuit Judges.

ORDER

The Mount Graham Coalition, et al., appeal the denial of the district court of a request for a preliminary injunction preventing further work on the international observatory on Mount Graham until the United States Forest Service re-initiates consultation with the United States Fish and Wildlife Service. The appeal is the seventh appeal in this case to be decided by the court.1

The appellants' only significant contention...

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