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APACHE SURVIVAL COALITION v. U.S.

No. 96-16471.

118 F.3d 663 (1997)

APACHE SURVIVAL COALITION, an Arizona nonprofit corporation; Ola Cassadore Davis, an individual; Franklin Stanley, an individual; Vincent E. Randall, an individual; Wendsler Noise, Sr., an individual; Plaintiffs-Appellants, v. UNITED STATES of America; John McGee, in his official capacity as Supervisor, Coronado National Forest; Richard Kvale, in his official capacity as District Ranger, Safford District, Coronado National Forest; Defendants-Appellees, and Arizona Board of Regents, for and on behalf of the University of Arizona ("University"), a body corporate; Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 1, 1997.

Attorney(s) appearing for the Case

Michael V. Nixon, Portland, OR, for plaintiffs-appellants.

Eugene R. Bracamonte, Assistant United States Attorney, Tucson, AZ, and Mark R. Haag, United States Department of Justice, Environmental & Natural Resources Division, Washington, DC, for defendants-appellees.

David C. Todd, Patton, Boggs & Blow, Washington, DC, Thomas M. Thompson, University Attorney, University of Arizona, Tucson, AZ, and William Nicholas Poorten, III, Snell & Wilmer, Tucson, AZ, for defendant-intervenor-appellee.

Before: D. W. NELSON and FERNANDEZ, Circuit Judges, and MOLLOY, District Judge.

MOLLOY, District Judge:

Appellant Apache Survival Coalition ("the Coalition") appeals the district court's denial of a preliminary injunction against further construction of the Mount Graham International observatory ("the Observatory"), a system of seven telescopes atop Mt. Graham in southeastern Arizona. The Coalition argues that the U.S. Forest Service failed to comply with the National Historic Preservation Act, 16 U.S.C. § 470 et seq. ("NHPA"). We affirm...

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