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U.S. v. SRNSKY

No. 01-1163.

271 F.3d 595 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Tommy A. SRNSKY; David M. Srnsky, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided November 14, 2001.

Attorney(s) appearing for the Case

ARGUED: Roger J. Marzulla, Marzulla & Marzulla, Washington, DC, for Appellants. David Jack Lazerwitz, Environment & Natural Resources Division, United States Department of Justice, Washington, DC, for Appellee.

ON BRIEF: Nancie G. Marzulla, Marzulla & Marzulla, Washington, DC, for Appellants. John C. Cruden, Acting Assistant Attorney General, Sean H. Donahue, Environment & Natural Resources Division, United States Department of Justice, Washington, DC, Patrick M. Flatley, United States Attorney, Wheeling, WV; James B. Snow, Office of General Counsel, United States Department of Agriculture, Washington, DC, for Appellee.

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Vacated and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILLIAMS and Judge MICHAEL joined.

OPINION

LUTTIG, Circuit Judge.

Tommy and David Srnsky appeal a district court order requiring them to apply for a Forest Service special use permit in order to use a 2.6 mile road through the Monongahela National Forest, which provides the sole access to their home. The district court held that the Srnskys have neither an express...

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