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FOREST GUARDIANS v. U.S. FOREST SERVICE

No. 06-2306.

641 F.3d 423 (2011)

FOREST GUARDIANS and Carson Forest Watch, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 21, 2011.

Attorney(s) appearing for the Case

Steven Sugarman (Alletta Belin with him on the brief), Belin & Sugarman, Santa Fe, NM, for Plaintiffs-Appellants.

David C. Shilton , Attorney, Environment & Natural Resources Division, Department of Justice ( Ronald J. Tenpas , Assistant Attorney General; Andrew A. Smith and Mark R. Haag , Attorneys, Environment & Natural Resources Division, Department of Justice; Kathryn Toffenetti and Mary Ann Joca , Office of General Counsel, U.S. Department of Agriculture, with him on the brief), Washington, D.C., for Defendant-Appellee.

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

ORDER

On March 8, 2010, this court entered an order granting the appellants' petition for en banc rehearing. Having now considered the parties' briefs and heard oral argument on the matter, the court has voted unanimously to vacate the March 8, 2010 order granting en banc rehearing as improvidently granted. As a result, that order is vacated.

The case is referred back to the original panel for action on the petition for panel rehearing. The...

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