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PARK LAKE RESOURCES v. U.S. DEPT. OF AGRICULTURE

No. 02-1429.

378 F.3d 1132 (2004)

PARK LAKE RESOURCES LIMITED LIABILITY COMPANY; Park County Mining Association, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE; Ann Veneman, in her official capacity as Secretary of Agriculture; United States Forest Service; Dale Bosworth, in his official capacity as Chief, U.S. Forest Service; Rick Cable, in his official capacity as Regional Forester, Region II, United States Forest Service; United States Department of Interior; Gale Norton, Secretary of Interior; Piet Dewitt, in his official capacity as Assistant Secretary of the Interior, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 13, 2004.

Attorney(s) appearing for the Case

Christopher T. Massey of Mountain States Legal Foundation (William Perry Pendley and Tara Burton Rismani, with him on the briefs), Lakewood, CO, for Plaintiffs-Appellants.

Katherine J. Barton, United States Department of Justice, Environment & Natural Resources Division, Appellate Section, Washington, D.C. (Nina Wang, Assistant United States Attorney, Denver, CO, Thomas L. Sansonetti, Assistant Attorney General, and Kathryn Kovacs, United States Department of Justice, Environment & Natural Resources Division, Appellate Section, Washington, D.C., with her on the brief), for Defendants-Appellees.

Before KELLY, HOLLOWAY, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Plaintiffs Park Lake Resources (Park Lake) and Park County Mining Association (a not-for-profit corporation whose purpose is to assist miners and mining companies) appeal the dismissal by the district court of their suit against several government agencies and some of their officials. This is not the first time Plaintiffs have brought suit over what is in essence the same issue. We affirm because issue-preclusion doctrine bars Plaintiffs from...

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