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WESTERN RADIO SERVICES CO., INC. v. GLICKMAN

No. 95-36004.

115 F.3d 1422 (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, National Forest Service; John Lowe, Regional Forester, Richard A. Ferraro, Deputy Regional Forester; Tom Schmidt, Forest Supervisor; Byron Cheney, District Ranger, Defendants-Appellees, and Slater Communications & Electronics, Inc., Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided June 20, 1997.

Attorney(s) appearing for the Case

Ralph A. Bradley, Eugene, OR, for plaintiffs-appellants Western Radio & Oberdorfer.

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

Rose M.Z. Freeby, Evans, Freeby and Jennings, Salem, OR, for intervenor.

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

FLETCHER, Circuit Judge:

Appellants Western Radio Services, Co., Inc. ("Western"), an operator of telecommunications facilities in various national forests in Oregon, and Richard L. Oberdorfer, president of Western, but suing in his individual capacity, appeal the dismissal1 of their action under the National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321, and the National Forest Management Act ("NFMA"), 16 U.S.C. § 497...

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