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Duke City Lumber Co. v. Butz

Citation: 6 ELR 20629
No. No. 74-2066, 539 F.2d 220/(D.C. Cir., 07/06/1976) Aff'd

The court of appeals affirms summary judgment for defendants in this challenge to the Department of Agriculture's 1971 small business timber set-aside program guidelines. The district court's opinion, 5 ELR 20080, is adopted except insofar as it purported to rule on the question of the 50 percent preservation minimum in the guidelines. Since that aspect is not ripe, the court must decline to pass on it.

Counsel are listed at 5 ELR 20080.

Before MR. JUSTICE CLARK,* of the Supreme Court of the United States, and ROBINSON and MacKINNON, Circuit Judges.