WYOMING SAWMILLS INCORPORATED, a Wyoming corporation, Plaintiff-Appellant,
v.
UNITED STATES FOREST SERVICE; and Ann M. Veneman, Secretary, U.S. Department of Agriculture; Dale N. Bosworth, Chief, U.S. Forest Service; Rick D. Cables, Regional Forester, Region II, U.S. Forest Service; and BILL BASS, Supervisor, Bighorn National Forest, all in their official capacities, Defendants-Appellees, and
Medicine Wheel Coalition on Sacred Sites of North America, Defendants-Intervenors-Appellees.
National Congress of American Indians and National Trust for Historical Preservation; Becket Fund for Religious Liberty and Various Christian, Jewish and Muslim Organizations, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
September 20, 2004.
September 20, 2004.
Attorney(s) appearing for the Case
William Davis Thode, Esq., (William Perry Pendley, Esq., with him on the briefs) Mountain States Legal Foundation, Lakewood, Colorado, for Plaintiff-Appellant.
David C. Shilton, Attorney, (Kelly A. Johnson, Acting Assistant Attorney General, Environment and Natural Resources Division, Matthew H. Mead, United States Attorney, Carol A. Statkus, Assistant United States Attorney, E. Anne Peterson, Attorney, with him on the brief) United States Department of Justice, Washington, D.C., for Defendants-Appellees.
Jack F. Trope, (Andy Baldwin, Baldwin & Crocker, P.C., Lander, Wyoming, with him on the brief) Association on American Indian Affairs, Rockville, Maryland, for Intervenor-Appellee.
Steven J. Gunn, Jerome N. Frank Legal Services Org., New Haven, Connecticut, Walter R. Echo-Hawk, Jr. and Steven C. Moore, Native American Rights Fund, Boulder, Colorado, and Paul W. Edmondson, Elizabeth S. Merritt, and Anita C. Canovas, National Trust for Historic Preservation, Washington, D.C., filed an Amicus Curiae Brief for National Congress of American Indians and National Trust for Historical Preservation in support of Appellees.
Anthony Picarello, Roman Storzer, and Derek L. Gaubatz, The Becket Fund for Religious Liberty, Washington, D.C., and Robert L. Greene, The Law Offices of Robert L. Greene, New York, New York, filed an Amicus Curiae Brief for The Becket Fund for Religious Liberty, in support of appellees.
Before HENRY, HOLLOWAY and MURPHY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
HOLLOWAY, Circuit Judge.
Plaintiff-appellant Wyoming Sawmills Incorporated brings this appeal from the district court's order dismissing plaintiff's claim of violation of the Constitution's Establishment Clause and holding against plaintiff on the merits of its claims of violation of the National Forest Management Act.1 Plaintiff commenced this action in the district court after the United States Forest Service had rejected plaintiff's...
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