KENTUCKY HEARTWOOD, INC. v. WORTHINGTON

Civil Action No. 97-378.

20 F.Supp.2d 1076 (1998)

KENTUCKY HEARTWOOD, INC., et al., Plaintiffs, v. Benjamin WORTHINGTON, et al., Defendants.

United States District Court, E.D. Kentucky.

June 18, 1998.


Attorney(s) appearing for the Case

Jeffrey Brent Austin, Austin & Ward, Lexington, KY, Joe F. Childers, Robert T. Gallagher, Lexington, KY, for Kentucky Heartwood, Inc., Heartwood, Inc., plaintiffs.

Jane E. Graham, U.S. Attorney's Office, Lexington, KY, Lois J. Schiffer, U.S. Department of Justice, Environment & Natural Resources Div., Washington, DC, Kelly E. Mofield, Lisa Holden, U.S. Department of Justice, Environment & Natural Resources, Washington, DC, Andrew A. Smith, Kenneth E Kellner, U.S. Department of Justice, Environmental & Natural Resources Div., Washington, DC, for Benjamin Worthington, Elizabeth Estill, United States Forest Service, Department of Agriculture, defendants.

Wayne F. Collier, Kinkead & Stilz, Lexington, KY, for Kentucky Forest Industries Ass'n, Inc.


OPINION AND ORDER

FORESTER, District Judge.

I. INTRODUCTION

On September 5, 1997, plaintiffs filed a verified complaint in the U.S. District Court for the Eastern District of Kentucky. Plaintiffs, Kentucky Heartwood Inc. ("Kentucky Heartwood") and Heartwood Inc. ("Heartwood"), are non-profit corporations organized for protecting biodiversity and ecosystem integrity on public and other forested land in Kentucky and the central hardwood region...

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