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HEARTWOOD, INC. v. U.S. FOREST SERVICE

No. 03-3267.

380 F.3d 428 (2004)

HEARTWOOD, INC., a not-for-profit corporation; Jim Bensman, Plaintiffs/Appellants, v. UNITED STATES FOREST SERVICE; United States Fish and Wildlife Service, Defendants/Appellees, Mercantile Lumber Co., Inc.; Mark Twain Timber Purchasers Group, Intervenor Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2004.

Attorney(s) appearing for the Case

Matt Kenna, Kenna & Hickcox, Durango, CO, Kathleen Green Henry, Great Rivers Environmental Law Center, St. Louis, MO, for Plaintiffs/Appellants.

Ellen J. Durkee, Susan L. Pacholski, Myesha K. Braden, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, Michael A. Price, U.S. Attys. Office, Cape Girardeau, MO, Susan M. Henderson, Eileen Sobeck, U.S. Dept. of Justice, Wildlife and Marine Resources Section, Washington, DC, for Defendants/Appellees.

Searcy W. Harrell, Jr., Harrell & Lindsey, Camden, AR, Thomas Richard Lundquist, Joseph Michael Klise, Crowell & Moring, Washington, DC, for Intervenor Defendants/Appellees.

Before MORRIS SHEPPARD ARNOLD, BEAM, and MELLOY, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Heartwood, Inc. and Jim Bensman (referred to collectively as Heartwood) appeal the district court's1 grant of summary judgment in favor of the United States Forest Service (USFS) and the United States Fish and Wildlife Service (FWS). For the reasons stated below we affirm the district court.

I.

Heartwood challenges the USFS's approval of the Eastwood II Project located in the Mark...

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