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KERN v. U.S. BUREAU OF LAND MANAGEMENT

No. 99-35254.

284 F.3d 1062 (2002)

Hugh R. KERN; Leigh Ann Lipscomb; Oregon Natural Resources Council, Plaintiffs-Appellants, v. UNITED STATES BUREAU OF LAND MANAGEMENT, Defendant-Appellee, and Douglas Timber Operators; Herbert Lumber Co.; Lone Rock Timber Company Incorporated, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn July 19, 2000.

Resubmitted January 29, 2002.

Filed March 22, 2002.

Attorney(s) appearing for the Case

Geoff Hickcox, Kenna & Hickcox, P.C., Durango, CO, for the plaintiffs-appellants.

Lois J. Schiffer, Assistant Attorney General; Kristine Olson, Thomas C. Lee, United States Attorney's Office, Portland, OR; David C. Shilton, Robert L. Klarquist, United States Department of Justice, Washington D.C.; Roger Nesbit, of Counsel, Office of the Regional Solicitor, Portland OR, for the defendant-appellee.

Mark C. Rutzick, Mark C. Rutzick, P.C., Portland, OR, for the defendants-intervenors-appellees.

Before: GOODWIN, GRABER, and W. FLETCHER, Circuit Judges.

Opinion by Judge W. FLETCHER; Partial Concurrence and Partial Dissent by Judge GRABER.

WILLIAM A. FLETCHER, Circuit Judge.

Plaintiffs Hugh Kern, Leigh Ann Lipscomb, and the Oregon Natural Resources Council Fund (collectively, "ONRC") appeal the district court's grant of summary judgment to defendant United States Bureau of Land Management ("BLM") and defendants-intervenors Douglas Timber Operators, Herbert Lumber Co., and Lone Rock Timber Co. (collectively...

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