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FITZGERALD LIVING TRUST v. U.S.

No. 04-16149.

460 F.3d 1259 (2006)

The FITZGERALD LIVING TRUST, Plaintiff-Appellant, v. UNITED STATES of America; Mike Johanns, Secretary of Agriculture; Dale N. Bosworth, Chief, United States Forest Service; United States Forest Service; Harv Forsgren, Regional Forester, Region III; and Elaine Zieroth, Forest Supervisor, Apache-Sitgreaves National Forests, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2006.

Attorney(s) appearing for the Case

Joel Spector (argued) and Alison Roberts (on the briefs), Mountain States Legal Foundation, Lakewood, CO, for the plaintiff-appellant.

Matthew J. Sanders, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendants-appellees.

Before: BERZON, RAWLINSON, and CONSUELO M. CALLAHAN, Circuit Judges.

CALLAHAN, Circuit Judge:

The Fitzgerald Living Trust challenges the district court's summary judgment in favor of the Secretary of the United States Department of Agriculture, the United States Forest Service and individual Forest Service officials ("the Forest Service"). We must decide the nature of the Trust's right of access over a national forest road, and whether the Forest Service's proposed statutory easement, providing...

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