DUHRING RESOURCE COMPANY v. THE FOREST SERVICE et al

Filing 109

MEMORANDUM ORDER granting in part and denying in part 76 Motion to Dismiss and 78 Motion to Dismiss; Counts II, VI, VII, VIII, and XI of the second amended complaint are dismissed, with prejudice; Count I is dismissed to the extent it is asserted against the individual federal defendants; 80 Motion to Dismiss Complaint in Intervention and 85 Motion to Dismiss Complaint in Intervention are also granted in part and denied in part; Counts II, VI, and VII of the complaint in intervention are dismissed, with prejudice; Count I is dismissed to the extent it is asserted against the individual federal defendants; 69 Joint Motion for Partial Summary Judgment is denied as moot; 106 Motion for Leave to File Reply Brief is denied on the ground that it is untimely and prejudicial. Signed by Judge Gary L. Lancaster on 3/5/09. (map)

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