ROBBINS v. WILKIE

No. 04-8016.

433 F.3d 755 (2006)

Harvey Frank ROBBINS, Plaintiff-Appellee, v. Charles WILKIE, Darrell Barnes, Teryl Shryack, Michael Miller, Gene Leone, David Wallace, Defendants-Appellants. Pacific Legal Foundation, New Mexico Cattle Growers Association, Washington Farm Bureau, Idaho Farm Bureau, Idaho County Farm Bureau, Owyhee County Farm Bureau, Washington State Grange, and New Mexico Federal Lands Council, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

January 10, 2006.


Attorney(s) appearing for the Case

Edward Himmelfarb, Appellate Staff, Civil Division, Department of Justice (Peter D. Keisler, Assistant Attorney General, John W. Suthers, United States Attorney, District of Colorado, Barbara L. Herwig, Civil Division, Department of Justice, with him on the briefs), Washington, D.C., for Defendants-Appellants.

Marc R. Stimpert (Karen Budd-Falen, with him on the briefs), Budd-Falen Law Offices, P.C., Cheyenne, WY, for Plaintiff-Appellee.

Gregory T. Broderick, Counsel of Record, Meriem L. Hubbard, Of Counsel, J. David Breemer, Of Counsel, Pacific Legal Foundation, Sacramento, CA, filed an amici curiae brief for Pacific Legal Foundation, New Mexico Cattle Growers Association, Washington Farm Bureau, Idaho Farm Bureau, Idaho County Farm Bureau, Owyhee County Farm Bureau, Washington State Grange, and New Mexico Federal Lands Council.

Before KELLY, HENRY and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

I. Introduction

Plaintiff-Appellee Harvey Frank Robbins filed suit pursuant to the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-1968, and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). Robbins alleges employees of the Bureau of Land Management ("BLM"), including Defendants...

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