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GORDON v. NORTON

No. 01-8102.

322 F.3d 1213 (2003)

Stephen M. GORDON; Diamond G Ranch, Inc., a Wyoming corporation, Plaintiffs-Appellants, v. Gale NORTON, Secretary of the Interior; United States Department of Interior; United States Fish and Wildlife Service, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 25, 2003.

Attorney(s) appearing for the Case

John C. Martin, Patton Boggs LLP, Washington, D.C., (Susan M. Mathiascheck, Alexandra V. Butler, Patton Boggs LLP, Washington, D.C.; Richard E. Day, Williams, Porter, Day & Neville, Casper, WY, with him on the briefs), for Plaintiffs-Appellants.

Katherine J. Barton, U.S. Department of Justice, Washington, D.C., (Margot Zallen, Of Counsel, U.S. Department of the Interior, Denver, CO; Thomas L. Sansonetti, Assistant Attorney General, Washington, D.C.; David C. Shilton, U.S. Department of Justice, Washington, D.C., with her on the brief), for Defendants-Appellees.

Before MURPHY, ANDERSON, and O'BRIEN, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Appellants Stephen Gordon ("Gordon") and the Diamond G Ranch, Inc. ("Diamond G") challenge the Fish and Wildlife Service's ("FWS") control of gray wolves introduced under the Northern Rocky Mountain Wolf Recovery Plan ("Recovery Plan") near the Diamond G in the Dunoir Valley of northwestern Wyoming. Seeking declaratory and injunctive relief, they filed this action in federal district court alleging violations of the...

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