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WESTERN RADIO SERVICES CO. v. U.S. FOREST SERVICE

No. 08-35186.

578 F.3d 1116 (2009)

WESTERN RADIO SERVICES CO.; Richard L. Oberdorfer, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE; Larry Timchak; Jim McMillin; Bob Rock; Kristen Bail; Jim Sauser; Diana Hsieh, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 21, 2009.

Attorney(s) appearing for the Case

Marianne Dugan, Eugene, OR, for the plaintiff-appellants.

Kevin Danielson, Portland, OR, for the defendants-appellees.

Before WILLIAM A. FLETCHER, CARLOS T. BEA, and SANDRA S. IKUTA, Circuit Judges.

OPINION

IKUTA, Circuit Judge:

Richard Oberdorfer and his company, Western Radio Services (collectively, "Western"), brought an action against the United States Forest Service and six of its officers under Bivens v. Six Unknown Named Agents of the Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971),1 and the Administrative Procedure Act (APA), Pub.L. 79-404, 60 Stat. 237...

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