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NIOBRARA RIVER RANCH, L.L.C. v. HUBER

No. 03-3439.

373 F.3d 881 (2004)

NIOBRARA RIVER RANCH, L.L.C., a Nebraska Limited Liability Company; Lee M. Simmons, Appellants, v. Royce HUBER, Refuge Manager, Fort Niobrara Wildlife Refuge; Ron Cole, Refuge Supervisor; Ralph Morganweck, Regional Director for Region 6, U.S. Fish and Wildlife Service; Steven A. Williams, Director, U.S. Fish & Wildlife Service; Gale A. Norton, Secretary of the U.S. Department of the Interior, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 8, 2004.

Attorney(s) appearing for the Case

K.C. Engdahl, argued, Omaha, NE, for appellant.

Katherine J. Barton, argued, Justice Dept., Washington, DC (David C. Shilton, Dept. of Justice, on the brief), for appellee.

Before WOLLMAN, McMILLIAN, and RILEY, Circuit Judges.

RILEY, Circuit Judge.

Niobrara River Ranch, L.L.C. and Lee Simmons (collectively, River Ranch) filed this lawsuit against four officials of the United States Fish and Wildlife Service and its supervising agency, the United States Department of the Interior (collectively, Service), under the Administrative Procedure Act, 5 U.S.C. § 706(2)(A), (C), (D) (2000) (APA). River Ranch alleged the Service's denial of River Ranch's application for a Special Use Permit ...

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