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WILDERNESS SOC. v. KANE COUNTY, UTAH

No. 08-4090.

595 F.3d 1119 (2010)

The WILDERNESS SOCIETY and Southern Utah Wilderness Alliance, Plaintiffs-Appellees, v. KANE COUNTY, UTAH; Daniel W. Hulet, Mark W. Habbeshaw, and Duke Cox, in their official capacities as Kane County Commissioners, Defendants-Appellants, Utah Association of Counties; National Trust for Historic Preservation; Patrick A. Shea, Michael P. Dombeck, and James Baca, former Directors of the Bureau of Land Management, Amid Curiae.

United States Court of Appeals, Tenth Circuit.

February 5, 2010.

Attorney(s) appearing for the Case

McCrystie Adams, Edward B. Zukoski, James Angell, Earthjustice, Denver, CO, Heidi McIntosh, Salt Lake City, UT, Robert B. Wiygul, Waltzer & Associates, Ocean Springs, MS, for Plaintiffs-Appellees.

A. John Davis, Kendra L. Shirey, Shawn T. Welch, Holme Roberts & Owen LLP, Michael S. Lee, Howrey LLP, Salt Lake City, UT, for Defendants-Appellants.

Alexander Hays, V, Elizabeth S. Merritt, Michael D. Smtih, National Trust For Historic Preservation, Washington, DC, Michael S. Lee, Thomas R. Lee, Brigham Young University, Provo, UT, W. Cullen Battle, Fabian & Clendenin, A Professional Corporation, Salt Lake City, UT, for Amici Curiae.

Before HENRY, Chief Judge, and TACHA, KELLY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

ORDER

This matter is before the court on Appellants' Petition For Panel Rehearing and Request For Rehearing En Banc. We also have a response from the appellees. The petition and response were circulated to all of the judges on the court who are in regular active service. A poll was called, and a majority voted to GRANT rehearing en banc. Therefore, the request for en banc rehearing is granted.

On or before March 8, 2010, the appellants shall file...

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