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SAVE OUR SPRINGS ALLIANCE INC. v. BABBITT

No. 97-50102.

115 F.3d 346 (1997)

SAVE OUR SPRINGS ALLIANCE INCORPORATED; Mark Kirkpatrick, Dr., Plaintiffs-Appellees, v. Bruce BABBITT, Secretary of the Department of the Interior, Defendant, State of Texas, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 23, 1997.

Attorney(s) appearing for the Case

William Gene Bunch, Austin, TX, Amy Ruth Johnson, Henry, Lowerre, Johnson, Hess & Frederick, Austin, TX, for Plaintiffs-Appellees.

Samuel Wilhelm Goodhope, Deborah Anne Verbil, Austin, TX, for Movant-Appellant.

Before JOLLY, DUHÉ and EMILIO M. GARZA, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this case, the State of Texas appeals the district court's denial of its motion to intervene in ongoing litigation between an environmental group and the U.S. Fish and Wildlife Service concerning the proposed listing of the Barton Springs Salamander as an endangered species under the Endangered Species Act, 16 U.S.C. § 1531 et seq.

Following a previous lawsuit concerning the Salamander, various Texas agencies and...

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