HELLS CANYON PRESERVATION COUNCIL v. U.S. FOREST SERVICE

No. 03-35579.

403 F.3d 683 (2005)

HELLS CANYON PRESERVATION COUNCIL, an Oregon non-profit corporation, Plaintiff-Appellant, v. UNITED STATES FOREST SERVICE, an agency of the United States Department of Agriculture, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 5, 2005.


Attorney(s) appearing for the Case

William H. Sherlock, Hutchinson, Cox, Coons, DuPriest, Orr & Sherlock, P.C., Eugene, Oregon, and Brett Brownscombe, Hells Canyon Preservation Council, La Grande, OR, for the plaintiff-appellant.

Michael W. Mosman, United States Attorney, and Jeffrey K. Handy, Assistant United States Attorney, District of Oregon, Portland, Oregon, Thomas L. Sansonetti, Assistant Attorney General, and James Kilborn, Todd S. Aagard, Clay Samford, and Katherine W. Hazard, Environmental & Natural Resources Division, United States Department of Justice, Washington, D.C., for the defendant-appellee.

Before REINHARDT, BERZON, and BYBEE, Circuit Judges.


BERZON, Circuit Judge.

When a party withdraws one of its claims before the trial court enters judgment and the action is subsequently dismissed on the merits, does the trial court's failure to indicate that the withdrawn claim was dismissed without prejudice necessarily render its decision a "final judgment on the merits" as to that claim? Because we answer this question in the negative, we reverse the district court's dismissal of this suit on res judicata grounds...

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