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NATIVE ECOSYSTEMS COUNCIL v. DOMBECK

No. 01-35827.

304 F.3d 886 (2002)

NATIVE ECOSYSTEMS COUNCIL, a non-profit corporation; Bear Creek Council, a non-profit corporation, Plaintiffs-Appellants, v. Michael DOMBECK, in his official capacity as Chief of the U.S. Forest Service; Daniel Glickman, in his capacity as Secretary of Agriculture; Kempter M. McMaster, in his official capacity as United States Fish & Wildlife Service Montana Field Supervisor; David Garber, In his official capacity as Supervisor of the Gallatin National Forest; Bruce Babbitt, in his official capacity as Secretary of the Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2002.

Attorney(s) appearing for the Case

Jory C. Ruggiero, Beck, Richardson & Amsden, Bozeman, MT, for the plaintiffs-appellants.

Thomas L. Sasonetti, Attorney General's Office, and David C. Shilton, Katherine J. Barton, Department of Justice, Washington, DC, for the defendants-appellees.

Before: D.W. NELSON, THOMPSON and PAEZ, Circuit Judges.

D.W. NELSON, Circuit Judge.

Plaintiff environmental groups Native Ecosystems Council and Bear Creek Council (collectively, "Bear Creek") seek review of a timber sale slated to occur on national forest lands in Montana. They appeal the district court's grant of summary judgment in favor of defendants, who are officials within the United States government responsible for approving the timber sale.

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