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AMERICAN BIRD CONSERVANCY v. F.C.C.

No. CV 05-00461DAELEK.

408 F.Supp.2d 987 (2006)

AMERICAN BIRD CONSERVANCY, Forest Conservation Council, and Conservation Council for Hawaii, Plaintiffs, v. FEDERAL COMMUNICATIONS COMMISSION, Defendant.

United States District Court, D. Hawai`i.

January 5, 2006.

Attorney(s) appearing for the Case

Alletta Belin, Belin & Sugarman, Santa Fe, NM, Paul H. Achitoff, Earthjustice Legal Defense Fund, Honolulu, HI, for American Bird Conservancy, Forest Conservation Council, Conservation Council for Hawai'i, Plaintiffs.

Joel Marcus, Federal Communications Commission, Washington, DC, Kristen Byrnes Floom, U.S. Department of Justice, ENRD Wildlife & Natural Resources Div, Seth M. Barsky, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, Susan L. Launer, Federal Communications Commission, Washington, DC, for Federal Communications Commission, Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

DAVID ALAN EZRA, District Judge.

The Court heard Defendant Federal Communication Commission's Motion to Dismiss on December 5, 2005. Alletta Belin, Esq., and Paul Achitoff, Esq., appeared at the hearing on behalf of Plaintiffs; Kristen Byrnes Floom, Esq., appeared at the hearing on behalf of Defendant. After reviewing the motion and the supporting and opposing...

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