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FOREST GUARDIANS v. BABBITT

No. 97-2370.

174 F.3d 1178 (1999)

FOREST GUARDIANS, a non-profit New Mexico corporation, and Defenders of Wildlife, a non-profit Washington, D.C. corporation, Plaintiffs-Appellants, v. Bruce BABBITT, Secretary of the Interior, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 22, 1999.

Attorney(s) appearing for the Case

Matt Kenna, Kenna & Hickcox, Durango, Colorado, for Plaintiffs-Appellants.

James C. Kilbourne, Attorney, Department of Justice (Lois J. Schiffer, Assistant Attorney General; John J. Kelly, United States Attorney; John W. Zavitz, Assistant United States Attorney; Ellen J. Durkee, Attorney, Department of Justice; and Warigia Bowman, Attorney, Department of Justice, with him on the briefs), Washington, D.C., for Defendant-Appellee.

Before PORFILIO, EBEL and KELLY, Circuit Judges.

ORDER

This matter comes on for consideration of appellee's petition for rehearing and suggestion for rehearing en banc. Upon consideration whereof, the petition for rehearing is denied by the panel that rendered the decision. The Court will, however, amend the opinion filed on December 22, 1998 [164 F.3d 1261], as follows:

The first sentence of the first full paragraph in column two at 164 F.3d at 1269of the West's Federal...

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