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BLACK v. ARTHUR

Civil No. 97-1798-HA.

18 F.Supp.2d 1127 (1998)

Alexis BLACK, Brian Michaels, Barry Adams, Carla Newbre, John Johnson, and Susan Bernstein, Plaintiffs, v. Russel ARTHUR, in his official capacity as Special Agent Law Enforcement Officer of the Forest Service of the United States Department of Agriculture; John Carpenter, in his official capacity as Special Agent Law Enforcement Officer of the Forest Service of the United States Department of Agriculture; Forest Service of the United States Department of Agriculture, Defendants.

United States District Court, D. Oregon.

August 25, 1998.

Attorney(s) appearing for the Case

Marianne G. Dugan, Western Environmental Law Center, Eugene, OR, Brian L. Michaels, Eugene, OR, Reed Lee, JD Obengerger & Assoc., Chicago, IL, for Alexis Black, Carla Newbre, John Johnson, Susan Bernstein.

Brian Micheals, Eugene, OR, pro se.

Brian Micheals, Eugene, OR, for Barry Adams.

James L. Sutherland, Asst. U.S. Atty., Eugene, OR, Thomas W. Millet, U.S. Dept. of Justice, Federal Programs Branch, Washington, DC, D. James Greiner, U.S. Dept. of Justice, Civil Division-Federal Programs Branch, Washington, DC, for Russell Arthur, John Carpenter, United States Forest Service.

OPINION AND ORDER

HAGGERTY, District Judge.

I. INTRODUCTION

Plaintiffs filed this case on December 18, 1997, challenging the U.S. Forest Service noncommercial group use regulation. On May 11, 1998, defendants moved to dismiss all counts for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Upon review of the complaint and the parties' briefs, this court grants defendants' motion to dismiss for the reasons set forth...

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