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SIERRA CLUB v. MARTIN

No. 96-8840.

110 F.3d 1551 (1997)

SIERRA CLUB, The Wilderness Society, Georgia Forestwatch, Inc., The Armuchee Alliance, Rabun County Coalition to Save the Forest, Inc., Friends of Georgia, Inc., Plaintiffs-Appellees, v. George G. MARTIN, in his official capacity as Forest Supervisor of the Chattahoochee and Oconee National Forests, Robert C. Joslin, Regional Forester of the United States Forest Service for Region Eight, United States Forest Service, Bert Thomas, Cook Brothers Lumber Company, Parton Lumber Co., Inc., Thrift Brothers Lumber Co., Inc., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 29, 1997.

Attorney(s) appearing for the Case

Ashley Watson, Kilpatrick & Cody, Atlanta, GA, J. Michael Klise, Steven Quarles, John A. Macleod, Ellen J. Durkee, Robert Klarquist, Crowell & Moring LLP, Washington, DC, Appellant Section, Environment Division, Department of Justice, Washington, DC, for defendants-appellants.

John J. Rademacher, American Farm Bureau Federation, Park Ridge, IL, James C. Kilbourne, U.S. Dept. of Justice, Washington, DC, for amicus curiae.

Donald Stack, Martin Shelton, Law Offices of Donald Stack, P.C., Atlanta, GA, for Sierra Club.

Kathleen Rogers, Mary A. Minette, National Audobon Society, Washington, DC, for amicus curiae National Audobon Society.

William J. Snape, III, Defenders of Wildlife, Washington, DC, for amicus curiae Defenders of Wildlife.

Before EDMONDSON and BLACK, Circuit Judges, and RONEY, Senior Circuit Judge.

BLACK, Circuit Judge:

The United States Forest Service (Forest Service) and a group of timber contractors, including Bert Thomas, Cook Brothers Lumber Company, Inc., Parton Lumber Company, Inc., and Thrift Brothers Lumber Company, Inc. (collectively Timber Contractors), appeal the issuance of a preliminary injunction on May 8, 1996, ordering the Forest Service to stop all timber cutting and road building activities in seven timber projects in the Chattahoochee and...

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