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AUDUBON SOCIETY v. U.S. FOREST SERV.

No. 95-2210.

104 F.3d 1201 (1997)

The AUDUBON SOCIETY, a non-profit Arizona corporation (Maricopa County); Robin Silver, an individual, Plaintiffs-Appellees, v. UNITED STATES FOREST SERVICE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 10, 1997.

Attorney(s) appearing for the Case

Matthew Kenna, Kenna & Associates, Durango, Colorado, for Plaintiffs-Appellees.

John P. Schnitker (Leonard Schaitman with him on the brief), Attorneys, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Defendant-Appellant.

Before KELLY, HOLLOWAY and WEIS, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

The Forest Service appeals from a grant of summary judgment in favor of Plaintiffs Maricopa County Audubon Society and Robin Silver. Plaintiffs filed this action under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, seeking disclosure of Forest Service maps which identify Mexican spotted owl nest sites. The district court granted summary judgment in their favor and ordered the Forest Service to release the maps, holding...

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