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DEFENDERS OF WILDLIFE v. BERNAL

No. 98-16099.

204 F.3d 920 (2000)

DEFENDERS OF WILDLIFE; Southwest Center For Biological Diversity, Plaintiffs-Appellants, v. Mike BERNAL; Robert Smith, Dr., Superintendent; Board, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Memorandum Filed November 23, 1999

Order Filed February 28, 2000

Attorney(s) appearing for the Case

Eric Glitzenstein, Meyer & Glitzenstein, Washington, D.C. and John Fritschie, Defenders of Wildlife, Washington, D.C., for the plaintiffs-appellants.

Denise M. Bainton, Lisa Anne Smith, DeConcini McDonald Yetwin & Lacy, Tucson, Arizona, Todd A. Jaeger, Legal Counsel for Amphitheater Unified School District, Tuczon, Arizona, for the defendants-appellees.

James Dougherty, Washington, DC, and Alex Levinson, San Francisco, CA, for amicus National Wildlife, et al.

Diana Boros, pro se, Tucson, AZ, for amicus Ad-Hoc Land Search Committee.

David T. Hardy, Tucson, AZ, for amicus Washington Legal Foundation.

Before: HUG, Chief Judge, FLETCHER, and TROTT, Circuit Judges.

Opinion by Chief Judge HUG; Concurrence by Judge B. FLETCHER.

ORDER

HUG, Chief Judge:

The Memorandum disposition filed November 23, 1999, is redesignated as an authored Opinion by Chief Judge Hug with a concurrence by Judge B. Fletcher.

OPINION

Defenders of Wildlife and the Southwest Center for Biological Diversity (collectively "Defenders") appeal the district court's order lifting a temporary restraining order and denying their...

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