James KLEISSLER; Susan Curry; Arthur Clark; Rodger Clarke; Eloise Glenn; Michael Kaizar; Heartwood, Inc., Appellants,
v.
UNITED STATES FOREST SERVICE; Michael P. Dombeck, Chief Forester for the Eastern Region, United States Forest Service; Robert T. Jacobs, Regional Forester for the Eastern Region—United States Forest Service; John Palmer, Forest Supervisor for the Allegheny National Forest—United States Forest Service;
Payne Forest Products, Inc.; Spilka Wood Products Company, (Intervenors Defendants in D.C.).
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued January 13, 1999.
Filed June 30, 1999.
Attorney(s) appearing for the Case
William V. Luneburg (Argued), University of Pittsburgh School of Law, Pittsburgh, PA, for Appellants.
John R. Fernan, Cartwright, Fernan & Whitney, Ridgway, PA, Bonnie R. Schlueter (Argued), Office of United States Attorney, Pittsburgh, PA, David L. McClenahan, James E. Scheuermann, William J. Labovitz, Daniel P. Trocchio (Argued), Kirkpatrick & Lockhart, Pittsburgh, PA, for Appellees.
Before: Nygaard, Alito, and Lewis, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
NYGAARD, Circuit Judge.
Plaintiff/Appellant Kleissler1 appeals the District Court's summary judgment. The District Court concluded that Kleissler failed to exhaust administrative remedies as required under section 212(e) of the United States Department of Agriculture Reorganization Act and section 215 of title 36 of the Code of Federal Regulations governing Forest Service regulations.2<...
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