R.M. INV. CO. v. U.S. FOREST SERVICE

No. 06-1456.

511 F.3d 1103 (2007)

R.M. INVESTMENT CO., doing business as Trappers Lake Lodge and Resort, Plaintiff-Appellant, v. UNITED STATES FOREST SERVICE; Don G. Carroll, in his official capacity as White River National Forest Supervisor, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 28, 2007.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Tracy A. Oldemeyer, Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Fort Collins, Colorado, for Plaintiff-Appellant.

Matthew J. McKeown, Acting Assistant Attorney General, Washington, D.C., Troy A. Eid, United States Attorney, and Kevin Traskos, Assistant United States Attorney, Denver, Colorado, Ellen Durkee and M. Alice Thurston, Attorneys, United States Department of Justice, Environment & Natural Resources Division, and Kenneth Pitt, Office of the General Counsel, Department of Agriculture, and Kenneth Pitt, Office of the General Counsel, Department of Agriculture, Washington, D.C., for Defendants-Appellees.

Before HARTZ, Circuit Judge, BRORBY, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.


HARTZ, Circuit Judge.

R.M. Investment Co., doing business as Trappers Lake Lodge and Resort (Trappers), appeals a district-court order vacating as moot its prior order setting aside a decision by the United States Forest Service that had revoked Trappers' permits to operate a lodge and an outfitter-guide service. Trappers also appeals an order denying its request for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. We affirm.

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