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FRIENDS OF THE BOW v. THOMPSON

No. 96-1460.

124 F.3d 1210 (1997)

FRIENDS OF THE BOW, Wyoming Outdoor Council, Leila R. Stanfield, Donald J. Duerr, and Jeff Kessler, Plaintiffs-Appellants, v. Tom L. THOMPSON, Deputy Regional Forester, U.S. Forest Service Rocky Mountain Region, Jack Ward Thomas, Chief, U.S. Forest Service, and the United States Forest Service, Defendants-Appellees, and Big Horn Lumber Co., Inc., Intervenor.

United States Court of Appeals, Tenth Circuit.

August 27, 1997.

Attorney(s) appearing for the Case

Mark Squillace, Laramie, WY (Reed Zars, Laramie, WY, with him on briefs) for Plaintiffs-Appellants.

Joan M. Pepin, Department of Justice, Washington, DC, (Lois J. Schiffer, Assistant Attorney General, Washington, DC, Henry L. Solano, United States Attorney, Denver, CO, Robert D. Clark, Assistant United States Attorney, Denver, CO, Robert L. Klarquist, Department of Justice, Washington, DC, and Kenneth Capps, Department of Agriculture, Denver, CO, with her on briefs) for Defendants-Appellees.

Scott W. Horngren, Haglund & Kirtley, Portland, OR, (Michael G. Neff, Haglund & Kirtley, Portland, OR, and Kim E. Ikeler, Krendl, Horowitz & Krendl, Denver, CO, and with him on briefs) for Intervenor. [PA]]

Before EBEL, HENRY, and BRISCOE, Circuit Judges.

EBEL, Circuit Judge.

This case involves a dispute concerning the United States Forest Service's approval of a timber sale, known as the "Banner Timber Sale," in the Medicine Bow National Forest. Friends of the Bow ("Friends"), an environmental group, objected to the sale, and brought suit in the District of Colorado against the Forest Service and the two Forest Service officials who approved the sale. Bighorn Lumber Co., the purchaser of the sale, intervened to defend...

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