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FRIENDS OF ANIMALS v. U.S. FISH & WILDLIFE SERVICE

No. 15-35639.

879 F.3d 1000 (2018)

FRIENDS OF ANIMALS; Predator Defense, Plaintiffs-Appellants, v. UNITED STATES FISH AND WILDLIFE SERVICE, an agency of the United States, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 10, 2018.

Attorney(s) appearing for the Case

Michael Ray Harris (argued) and Jennifer E. Best , Friends of Animals, Centennial, Colorado, for Plaintiffs-Appellants.

Rachel E. Heron (argued), David Shilton , and Andrew Mergen , Attorneys, Appellate Section; Coby Howell , Attorney, Wildlife & Marine Resources Section; John C. Cruden , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Diane Hoobler , Senior Attorney, Pacific Northwest, Regional Solicitor's Office; Philip Kline , Attorney-Advisor, Office of the Solicitor, United States Department of the Interior, Portland, Oregon; for Defendant-Appellee.

Before: Diarmuid F. O'Scannlain, Richard A. Paez, and Carlos T. Bea, Circuit Judges.

OPINION

We must decide whether the Migratory Bird Treaty Act allows the United States government to issue a permit to remove birds of one species for scientific purposes if its intent is principally to benefit another species.

I

A

This case arises from efforts by the United States...

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