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HEARTWOOD, INC. v. U.S. FOREST SERVICE

No. 00-1230.

230 F.3d 947 (2000)

HEARTWOOD, INC., et al., Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 18, 2000.

Attorney(s) appearing for the Case

Matthew G. Kenna (argued), Kenna & Hickcox, Durango, CO, for plaintiffs-appellants.

Robert H. Oakley (argued), Department of Justice, Environment & Natural Resources Division, Washington, DC, for defendants-appellees.

Before BAUER, MANION, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

Heartwood, Inc., Jim Bensman, and Mark Donham (collectively, "Plaintiffs") challenge the district court's grant of summary judgment in favor of Defendants, the United States Forest Service and Mike Dombeck, Chief of the Forest Service, as to Count II of their complaint. In Count II, Heartwood alleged that when the Forest Service ("Service") adopted a rule excluding certain classes of Service action from procedural safeguards designed to determine...

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