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LEE v. U.S. AIR FORCE

No. 02-2306.

354 F.3d 1229 (2004)

Charlie LEE; Jean Lee; Don Lee, also known as "Bebo"; Linda Davis; Jimmie Coody; Martha Coody; Bob A. Jones; Elizabeth Jones; Laura Jones; Robert E. Jones, also known as "Bobby"; Patricia Jones; A.S. Elliott, also known as "Tex"; Jannifer Elliott; Dwayne F. Stewart, also known as "Slim"; Alvaree R. Stewart; Innis Lewis; Bryan Prather; Judy J. Prather; Lucy Jane Schafer; Jonna Lou Schafer; Lincoln Permittees' Association, a non-profit organization on behalf of itself and its members; and Otero County Cattleman's Association, a non-profit organization on behalf of itself and its members, Plaintiffs-Appellants, v. UNITED STATES AIR FORCE; F. Whitten Peters, Secretary of the United States Air Force; Brigadier General Lake, Commander, 49th Fighter Wing, Holloman Air Force Base; United States Department of Defense; William S. Cohen, Secretary of Defense, acting for the German Air Force and Colonel Eckard Sowada, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 12, 2004.

Attorney(s) appearing for the Case

Frank M. Bond (Faith Kalman Reyes with him on the briefs), The Simons Firm, LLP, Santa Fe, NM, for Plaintiffs-Appellants.

Joseph D. Jacobson, Lt. Col., United States Air Force, Arlington, VA (David C. Iglesias, United States Attorney, Albuquerque, NM; Raymond Hamilton, Assistant United States Attorney, Albuquerque, NM; Charles C. Killion, Major, Special Assistant United States Attorney, United States Air Force, Arlington, VA; Kenneth M. Theurer, Major, United States Air Force, Arlington, VA, on the brief), for Defendants-Appellees.

Before TACHA, Chief Circuit Judge, ANDERSON and HENRY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

This case involves an environmental law challenge to United States Air Force ("U.S. Air Force") plans to permit the German Air Force to station, for training purposes, thirty fighter aircraft at Holloman Air Force Base ("Holloman"), in addition to the twelve already there. The suit was brought by ranchers and livestock raising associations (referred to collectively as "Appellants") located near Holloman, claiming, among other things...

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