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HEARTWOOD, INC. v. AGPAOA

No. 09-5761.

628 F.3d 261 (2010)

HEARTWOOD, INC.; Kentucky Heartwood, Inc., Plaintiffs-Appellants, v. Elizabeth L. AGPAOA, Regional Forester; United States Forest Service, an Agency of the United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 13, 2010.

Attorney(s) appearing for the Case

ARGUED: Joe F. Childers , Getty & Childers, PLLC, Lexington, Kentucky, for Appellants. Allen M. Brabender , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Joe F. Childers , Getty & Childers, PLLC, Lexington, Kentucky, for Appellants. Allen M. Brabender , United States Department of Justice, Washington, D.C., for Appellees.

Before: MARTIN, COLE, and CLAY, Circuit Judges.

OPINION

COLE, Circuit Judge.

Plaintiffs-Appellants Heartwood, Inc. and Kentucky Heartwood, Inc. (collectively "Heartwood") are non-profit corporations active in forest and species protection. Heartwood appeals the district court's judgment granting Defendants-Appellees Elizabeth L. Agpaoa, the Regional Forester for the Daniel Boone National Forest ("Forest"), and the U.S. Forest Service (collectively "Forest Service") judgment on the administrative record...

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