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FOREST GUARDIANS v. U.S. FOREST SERVICE

No. 06-2306.

597 F.3d 1128 (2010)

FOREST GUARDIANS; Carson Forest Watch, Plaintiffs-Appellants, v. United States FOREST SERVICE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 8, 2010.

Attorney(s) appearing for the Case

Steven Sugarman, Belin & Sugarman, Alletta D'A. Belin, Land and Water Fund of the Rockies, Santa Fe, NM, for Plaintiffs-Appellants.

Jan Elizabeth Mitchell, Asst. U.S. Attorney, David C. Iglesias, U.S. Attorney, Office of the United States Attorney, District of New Mexico, Andrew A. Smith, Office of the U.S. Attorney, Albuquerque, NM, David C. Shilton, United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for Defendant-Appellee.

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

ORDER

This matter is before the court on the appellants' Petition For Panel Or En Banc Rehearing. We also have a response from the United States Forest Service. Both the petition and response were circulated to all of the judges of the court who are in regular active service. A poll was called, and a majority voted to grant rehearing an banc. Consequently, the appellants' petition is GRANTED.

On or before April 23, 2010, the appellants shall file...

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