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WILKINS v. UNITED STATES

No. 20-35745.

13 F.4th 791 (2021)

Larry Steven WILKINS; Jane B. Stanton, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2021.

Attorney(s) appearing for the Case

Jeffrey W. McCoy (argued) and Damien M. Schiff , Pacific Legal Foundation, Sacramento, California; Ethan Blevins , Pacific Legal Foundation, Bountiful, Utah; James M. Manley , Pacific Legal Foundation, Phoenix, Arizona; for Plaintiffs-Appellants.

Kevin W. McArdle (argued) Mark Steger Smith , John M. Newman , and John L. Smeltzer , Attorneys; Jean E. Williams , Acting Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Babak Rastgoufard , Attorney, Office of the General Counsel, United States Department of Agriculture, Washington, D.C.; for Defendant-Appellee.

Before: David M. Ebel, Daniel A. Bress, and Lawrence VanDyke, Circuit Judges.

OPINION

Appellants Larry Wilkins and Jane Stanton live along Robbins Gulch Road near Connor, Montana. The road runs between Highway 93 and the Bitterroot National Forest, crossing private property for approximately one mile. Appellants acquired their properties in 1991...

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