DUNCAN ENERGY CO. v. U.S. FOREST SERVICE

No. 95-4260.

109 F.3d 497 (1997)

DUNCAN ENERGY COMPANY, a Colorado General Partnership; Meridian Oil, Inc., a Delaware corporation, Appellees, v. UNITED STATES FOREST SERVICE, an agency of the United States Department of Agriculture; Samuel P. Redfern, in his official capacity as District Ranger for the Medora Ranger District, North Dakota, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 27, 1997.


Attorney(s) appearing for the Case

John T. Stahr, argued, Washington, DC (Edward J. Shawaker, Robert L. Klarquist, Sandra B. Zellmer, Washington, DC, M. Bradley Flynn, James B. Snow, Jeffrey D. Eisenberg, Washington, DC, Christine R. Everett, Alan J. Campbell, Missoula, MT, on the brief), for appellants.

Charles L. Kaiser, argued, Denver, CO (John Morrison, Brian R. Bjella, Bismark, ND, Anthony J. Shaheen, Denver, CO, on the brief), for appellees.

Before FAGG, WOLLMAN, and HANSEN, Circuit Judges.


WOLLMAN, Circuit Judge.

Pursuant to our directions in a prior appeal in this matter, Duncan Energy Co. v. United States Forest Service, 50 F.3d 584 (8th Cir.1995) (Duncan I), the district court granted summary judgment in favor of the United States Forest Service and entered a permanent injunction. The Forest Service now appeals. We reverse and remand.

This case involves the definition of rights between the United...

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