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INSTITUTE FOR WILDLIFE PROTECTION v. U.S. FISH AND WILDLIFE

No. CIV. 02-6178 AA.

290 F.Supp.2d 1226 (2003)

INSTITUTE FOR WILDLIFE PROTECTION, Plaintiff, v. UNITED STATES FISH AND WILDLIFE SERVICE, and United States Department of the Interior, Defendants.

United States District Court, D. Oregon.

October 8, 2003.

Attorney(s) appearing for the Case

Don R. Webb, Staff Attorney, Institute for Wildlife Protection, Eugene, OR, for plaintiff.

Michael W. Mosman, United States Attorney, District of Oregon, Judith D. Kobbervig, Assistant United States Attorney, Portland, OR, for defendants.

OPINION AND ORDER

AIKEN, District Judge.

The parties have crossed moved for summary judgment pursuant to Fed. R.Civ.P. 56. The court read the briefing and heard oral argument. Plaintiff's motion is granted, and defendants' motion is denied.

BACKGROUND

Plaintiff brings this action challenging the decision of defendants Department of Interior (DOI) and the Fish and Wildlife Service (FWS), denying its request for a fee waiver for requested...

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