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FALK v. U.S. EX REL. DEPT. OF INTERIOR

No. 05-2566.

452 F.3d 951 (2006)

Alex FALK; Annie Falk; Big Bend Ranch Hunting, Inc.; Mohammed Hattum; Bob Nystrom, Appellants, v. UNITED STATES, BY AND THROUGH THE DEPARTMENT OF THE INTERIOR, United States Fish and Wildlife Service, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 5, 2006.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Jack H. Hieb of Aberdeen, South Dakota.

Counsel who presented argument on behalf of the appellee was Jan Leslie Holmgren, Assistant U.S. Attorney, of Sioux Falls, South Dakota. Also appearing on the brief was Micheel G. Tapken.

Before LOKEN, Chief Judge, LAY, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Appellants, South Dakota landowners, commenced a declaratory judgment action challenging decisions made by the United States Fish and Wildlife Service ("FWS") affecting the use of their land for goose hunting. After considering the stipulated facts, the district court1 entered judgment in favor of FWS, finding that its decisions were reasonable and not arbitrary or capricious. We affirm.

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