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MUCKLESHOOT INDIAN TRIBE v. U.S. FOREST SERVICE

Nos. 98-35043, 98-35231.

177 F.3d 800 (1999)

MUCKLESHOOT INDIAN TRIBE, Plaintiff-Appellant, v. U.S. FOREST SERVICE; Dennis Bshor, Supervisor, Mt. Baker-Snoqualmie National Forest; Dan Glickman, U.S. Secretary of Agriculture; Bruce Babbitt, U.S. Secretary of the Interior, Defendants-Appellees. Weyerhaeuser Co., Defendant-Intervenor-Appellee. Pilchuck Audubon Society; Huckleberry Mountain Protection Society, Plaintiffs-Appellants, v. U.S. Forest Service; Dennis Bshor, Supervisor, Mt. Baker-Snoqualmie National Forest; Dan Glickman, U.S. Secretary of Agriculture; United States of America; Bruce Babbitt, U.S. Secretary of the Interior, Defendants-Appellees, and Weyerhaeuser Co., Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 19, 1999.

Attorney(s) appearing for the Case

Gregory M. O'Leary, Seattle, Washington, and Robert L. Otsea, Jr., Auburn, Washington, David S. Vogel, Seattle, Washington, for plaintiffs-appellants.

Lisa E. Jones, United States Department of Justice, Washington, D .C., for federal defendants-appellees, United States Forest Service, et al.; Albert Gidari, Michael Himes, Galen G. Schuler, Perkins Coie, Seattle, Washington, for defendant-intervenor-appellee, Weyerhaeuser Company.

Steven C. Moore, Native American Rights Fund, Boulder, Colorado, for amicus curiae National Congress of American Indians.

Before: FLETCHER, REINHARDT and THOMAS, Circuit Judges.

ORDER

Pursuant to the opinion issued concomitantly with this order, we hereby enjoin any further activities on the land such as would be undertaken pursuant to the Huckleberry Mountain Exchange Agreement as executed by the United States and the Weyerhaeuser Company on March 28, 1997, until such time as the Forest Service satisfies its statutory obligations in a manner consistent with this Court's opinion.

OPINION

PER CURIAM.

Plaintiffs...

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