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NATIONAL ASS'N OF HOME BUILDERS v. NORTON

No. 04-5048.

415 F.3d 8 (2005)

NATIONAL ASSOCIATION OF HOME BUILDERS et al., Appellants v. Gale A. NORTON, Secretary of the United States Department of Interior et al, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2005.

Attorney(s) appearing for the Case

Robert D. Thornton argued the cause for the appellants. John J. Flynn, III, Duane J. Desiderio, Thomas J. Ward and Felicia K. Watson were on brief.

Seth M. Barsky, Attorney, United States Department of Justice, argued the cause for the appellees. Andrew J. Doyle and Ellen J. Durkee, Attorneys, United States Department of Justice were on brief.

Before: HENDERSON, TATEL and ROBERTS, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge.

The National Association of Home Builders (Home Builders) appeals the district court's summary judgment order dismissing its suit against the United States Department of the Interior (Interior) and its Fish and Wildlife Service (FWS).1 Nat'l Ass'n of Home Builders v. Norton, 298 F.Supp.2d 68<...

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