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SHULER v. BABBITT

No. CV-96-110-GF.

49 F.Supp.2d 1165 (1998)

John E. SHULER, Plaintiff, v. Bruce BABBITT, Secretary, Department of Interior; John G. Rogers, Acting Director, U.S. Fish and Wildlife Service; Department of the Interior; U.S. Fish and Wildlife Service; and United States of America, Defendants.

United States District Court, D. Montana, Great Falls Division.

March 17, 1998.

Attorney(s) appearing for the Case

Steven Ruffatto, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, William P. Pendley, Todd S. Welch, Mountain States Legal Foundation, Denver, CO, Steven J. Lechner, Lechner Law Office, Westminster, CO, for plaintiff.

George F. Darragh, Jr., Office of the U.S. Attorney, Great Falls, Joseph Perella, Kenneth E. Kellner, U.S. Department of Justice Wildlife & Marine Resources, Washington, DC, for defendants.

MEMORANDUM AND ORDER

HATFIELD, Senior District Judge.

Plaintiff, John E. Shuler, instituted the above-entitled action seeking judicial review, pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 551 et seq., of a decision by the Ad Hoc Board of Appeals, Department of the Interior, assessing a $5,000 civil penalty against Shuler for killing a grizzly bear in violation of the Endangered Species Act ("ESA"), 16 U.S.C. ...

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