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Finding Aid of the Richard Rosenstock legal papers
pertaining to La Compañía Ocho, 1944-1997
University of New Mexico, University Libraries, Center for Southwest
Research Email: cswrref@unm.edu
URL: http://elibrary.unm.edu/cswr/
© 2012 The University of New Mexico
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Title |
Richard Rosenstock legal papers pertaining
to La Compañía Ocho |
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Dates (Inclusive) |
1944-1997 |
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Dates (Bulk) |
1990-1997 |
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Creator |
Rosenstock, Richard |
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Abstract |
This collection includes, pleadings, depositions, exhibits correspondence, and
notes accumulated by Richard Rosenstock while representing La Compañía Ocho, a
community logging company from Northern New Mexico, in its claims against the United
States Forest Service, Duke City Lumber and others. |
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Collection Number |
MSS 896 BC |
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Size |
7 boxes (7 cu. ft.)
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Repository |
University of New Mexico Center for Southwest Research |
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Languages |
English |
Richard Rosenstock was born in Brooklyn, NY in 1948. He earned a law degree from UC
Berkeley (1973). Rosenstock was the first lawyer for the Oficina de la ley de la
Clínica in Tierra Amarilla, New Mexico (1974-1979). In 1978, he opened his own law
firm in Chama, NM,where he practiced for ten years. He then moved to Nambé and
opened a law practice in Santa Fe. Rosenstock specializes in federal civil rights
litigation. He has represented inter alia La Raza Unida (1975-1984) and loggers in
the Vallecitos, NM area (1990-1997). In 1990, he began representing La Compañía Ocho
in their dispute with Duke City Lumber and eventually the United States Forest
Service. He has also worked with the ACLU on race discrimination cases. He has
recently represented allotment grantees in the Jarita Mesa/Alamosa area in a suit
against the Forest Service.
5 Series: La Compañía Ocho v. Duke City Lumber La Compañía Ocho v. United States Forest Service Forest Guardians La Manga Timber Sale Rio Arriba Coalition of Counties
The Rosenstock Collection includes legal pleadings, depositions, correspondence,
research, and notes concerning disputes involving La Compañía Ocho, Inc., a
community owned logging company based in Vallecitos, NM area. The documents in the
collection come from the files of Attorney Richard Rosenstock, who represented La
Compañía Ocho from 1990 to1997. The documents were primarily generated in the 1990s,
but include some research, reports, and correspondence from 1944. Rosenstock’s
representation included pursuing lawsuits that involved contractual obligations by
Duke City Lumber Company; discrimination and retaliation in the awarding of logging
contracts for timber in the nearby Carson National Forest by the United States
Forest Service; and resisting the efforts of Santa Fe based “environmentalists" to
prevent the execution of timber contracts awarded as part of the settlement of the
suit against the Forest Service. La Compañía Ocho also filed Amicus Curiae briefs in
suits that potentially affected logging contracts that the company had obtained.
The Sustained Yield Forest Management Act of 1944 provided the grounds for some of
the claims. It allowed the Secretary of Agriculture to establish a sustained yield
within the National Forest. This enabled communities within a Sustained Unit to
improve their local economy through the acquisition and sale of timber and other
forest products. The communities in the Vallecitos area are one such community. They
had relied on resources found in what became the Carson National Forest, since the
Spanish and Mexican period. In this era, villages had rights to resources found in
the forest and other communal lands. When the region fell under the sovereignty of
the United States, Congress and the federal courts deemed communal lands to be part
of the public domain rather than property of the villages that had received them
through grants and usage. Eventually, these forests became part of the National
Forest. The Sustained Yield Forest Management Act of 1944 and subsequent federal
legislation sought to redress some of the economic damage that resulted from this.
These acts also sought to enhance the economic viability of the villages by giving
local companies known as “responsible operators" timber contracts. These contracts
and their subcontracts are the substance of the Rosenstock collection.
The collection includes the following Series:
La Compañía Ocho v. Duke City Lumber (1944-1992): This
series includes pleadings, arbitration records and exhibits, correspondence, and
notes related to arbitration over the fulfillment of contractual obligations. Duke
City had hired La Compañía Ocho to provide services as a subcontractor in in the
Carson National Forest. La Compañía Ocho claimed that the proper payments for cut
timber were not made in addition to other obligations Duke City was obligated to
perform. After arbitration, a settlement was reached and Duke City agreed to pay La
Compañía Ocho for the damages it incurred. This series also contains files
concerning claims against Warren Smith Contracting, which were related to the Duke
City dispute.
La Compañía Ocho v. United States Forest Service (1992-1997):
This series includes pleadings, exhibits, correspondence, and notes related
to the 1994 lawsuit that La Compañía Ocho filed suit against the United States
Forest Service. In the suit, La Compañía Ocho claimed that Forest Service practiced
and demonstrated patterns of discrimination and retaliatory conduct. This included
adverse treatment in the awarding of logging contracts. La Compañía Ocho sought a
judgment that would essentially award them timber contracts through injunctions. It
also sought compensatory and punitive damages as well as attorney fees and costs.
The parties agreed to a settlement.
Forest Guardians (1995-1997): This series contains
pleadings filed in Arizona and New Mexico by the Forest Guardians and other groups
against the United States Forest Service, claiming that logging operations would
damage ancient forests and endangered species. These suits were appealed to the 9th
Circuit Appeals Court, who ruled against the Forest Guardians. La Compañía Ocho
filed several Amicus Briefs in an attempt to lift a temporary injunction banning
logging in various areas in which it held contracts. The 9th Circuit issued its
opinion on June 25, 1997. This subseries also includes exhibits, correspondence, and
notes.
La Manga Timber Sale (1978-1999; Bulk 1996-1997): In 1996
La Compañía Ocho won the right to log 75 percent of the La Manga sale after suing
the Forest Service in 1994 for mismanagement of land and racial discrimination. The
“La Manga Timber Sale" refers to a group of national forest tracts within the
Vallecitos Unit set aside by the Forest Service for the sale of logging rights. The
Forest Guardians had filed suit against the Forest Service to prevent the sale. La
Compañía Ocho intervened on the side of the Forest Service. The federal court ruled
in favor of La Compañía Ocho and the Forest Service. The documents in this series
include research and litigation materials on La Manga.
Rio Arriba Coalition of Counties (RAC) 1995-1999 (bulk,
1996-1997): Rio Arriba Coalition of Counties (RAC) is a coalition of
rural northern New Mexican residents and rural southern New Mexican residents that
possess a mutual desire to maintain a traditional, rural existence. Rosenstock
intervened on behalf of La Compañía Ocho and RAC who both wished to challenge the
Fish and Wildlife Service creation of a critical habitat for the Mexican Spotted Owl
on Federal lands encompassing 8.6 million acres in Arizona, Colorado, New Mexico and
Utah. Documents in this series include correspondence, research and legal materials
related to Coalition of Arizona/New Mexico Counties, et.al., v. United States Forest
& Wildlife Service, et al.
Access Restrictions
The collection is open for research.
Copy Restrictions
Limited duplication of CSWR material is allowed for research purposes. User is responsible for compliance with all copyright, privacy, and libel laws. Permission is required for publications or distribution.
Richard Rosenstock legal papers pertaining to La Compañía Ocho (MSS 896),Center for Southwest Research and Special Collections, University of New Mexico Libraries
Sam Hitt Forest
Guardians (Santa Fe, N.M.) Collection. Center
for Southwest Research, University Libraries, University of New
Mexico.
David Correia
Research Papers. Center
for Southwest Research, University Libraries, University of New
Mexico.
Compañia Ocho Duke City Lumber Company Forest Guardians (Santa Fe, N.M.) Forest management -- New Mexico -- Carson National Forest Forests and forestry -- New Mexico -- Carson National Forest La Raza Unida Legal instruments Legal works Logging -- New Mexico -- Vallecitos Region Timber -- New Mexico -- Carson National Forest United States. Forest Service United States. Forest Service. Southwestern Region
Contents List
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| Description |
Container |
Vallecitos Federal Sustained Yield Unit Association Letter
(1985); Newsclippings (1991); "Death of a System" introduction, chapter
on Northern New Mexico (undated) 1985-1991 |
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Vallecitos Unit History, Correspondence, Historical Excerpts
(1940s) 1944-1994 |
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Response to Motion to Quash Subpoenas 1992-1994 |
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Arbitration Correspondence, Notes 1992 |
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Expert witness Report, Pleadings, Notes,
Correspondence 1992 |
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Arbitration Exhibits, vol. III, numbers 214-296 1992 |
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Appendix with Reports, Maps, Correspondence to April 29, 1992
Letter to Judge Richard Traub 1992 |
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Additional Exhibits, Part I 1992 |
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Duke City Lumber Contract Exhibit, Related Correspondence 1992-1995 |
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Arbitration, Forest Service Witness notes, Andy Linquist
Notes |
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Arbitration Rules 1981-1992 |
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Hearing for Arbitration Pleadings 1991 |
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Goshawk Research Findings, Wilderness v. US Forest
Service 1991 |
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Meeting Minutes 1991 |
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Insurance Fraud Correspondence, Mediation, and Expense
Notes 1992 |
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Road Documents of Loads Carried 1991 |
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Times Sheets, Notes on Arbitration Damages, Economic Development
Notes 1992 |
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Bill of Costs, Supplement to Award, Stipulated Preliminary
Order 1992 |
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Discovery and Arbitration Filings, Responses, Motion to
Compel 1992 |
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Deposition of Thomas Lapinski 1992 |
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Lawrence Roy Crane Notes, Copies of Contracts 1991-1992 |
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Deposition of Lawrence Roy Crane 1992 |
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Plaintiff's Exhibit 9; Deposition of Jack Crellin from La Raza
Unida v. U.S. Forest Service 1980-1992 |
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Photos of Work Performed by La Compania Ocho 1992 |
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Settlement Agreement 1991-1992 |
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Logging New Clippings 1991-1995 |
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Watershed Reports 1991 |
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Research on Federal Statutes, Possible Causes of Action,
Correspondence 1993 |
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Carl Wilmsen Study (Draft), Chapter 4, "Fighting for the
Forest" undated |
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Expense Records, Related Correspondence 1992-1997 |
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Time Records 1994-1996 |
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Retaliation Claim 1992-1996 |
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Retaliation Evidence 1994 |
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Correspondence, Freedom of Informnation Act Requests, IRS,
Vallecitos Sawmill 1997-1998 |
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Partial transcription of Arbitration Proceedings 1992 |
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Warren Smith Contracting - Amended Notice of Deposition,
exhibits 1993 |
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Warren Smith Contracting - Discovery Documents, Notes 1985-1994 |
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Warren Smith Contracting - Ammended Notice of Doposition,
Exhibits, Supllemental Documents 1993 |
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Warren Smith Contracting - Pleadings, Settlement
Correspondences 1994 |
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Warren Smith Contracting - Expense Documents,
Correspondence 1993-1994 |
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| Description |
Container |
Notes, Correpondence 1991-1993 |
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Motion to Enforce Settlement (against Forest Service), Notes,
Correpondence 1993-1997 |
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Correspondence, Exhibits, Notes 1992-1994 |
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Qualified Immunity Research, Motions for Time Extensions to File
Exhibits 1994-1995 |
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Correspondence, Federal Proposals, La Compania Ocho's Status as a
Desgnated Operator, Notes |
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Correspondence concerning Insurance, Taxes, tax
Records 1990-1993 |
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Filipito Lumber Sale, Correspondence 1992-1995 |
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Individual Defendants' Motions to Dismiss with
Attachments 1995 |
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Interrogatories, Request for Documents, Index of Documents for
Vallecitos Unit Litigation 1994 |
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Motion to Enforce Settlement (against Forest Service), Notes,
Correpondence |
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Barracho Timber Sale, Documents, Contracts 1991-1992 |
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Correspondence and Newsclippings concerning Elks in the
Region 1994 |
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Correspondence with Counsel concerning Expert
Witnesses 1993-1995 |
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Correspondence, Bolo Retaliation 1993-1994 |
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Depositions, Motions related to Depositions, Serive,
Notice 1994-1996 |
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Correspondence, ACLU Amicus Brief 1994 |
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Forest Policy Exhibit, Forest Trust Memorandum 1994 |
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Correspondence, Outlines, Notes 1994-1995 |
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Correspondence and Newsclippings concerning Elks in the
Region |
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Legal Research of Forest Conservation and Related Federal Case
Law 1993 |
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"Bivens" Civil Rights Claim, Research Motions, Excerts from
Antonio 1993 |
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Defendant's Motion for Extension of Time to Respond to Document
Request 1996 |
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Las Communidades, Articles of Incorporation 1996 |
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Motions, Correspondence Related to Award of Attorney's
Fees 1997 |
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Lawrence Crane, Correspondence, Notes 1992 |
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Motions to Intervene by Las Comunidades, Floyd Valdez
Newsclippings 1994 |
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Vehicle Stop and Seaarch Notes concerning Antonio "Ikie" De
Vargas, Raphael Warren 1995 |
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Meeting with the New Mexico Department of Fish and Game, Notes,
Correspondence 1993-1994 |
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Complaint (main lawsuit), Pleadings 1994 |
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Research Notes concerning Attorney's Fees 1994-1995 |
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Pleadings II 1995 |
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Pleadings III 1994-1996 |
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Pleadings, Correspondence concerning Attorney's Fees |
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Pleadings concerning Attorney's Fess 1997 |
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Motion for Attorney's Fees, Exhibits 1996-1997 |
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Appeal of Award of Attorney's Fees by the United States 1997 |
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Attorney's Fees Settlement, Correspondence 1997 |
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Valle Grande Timber Sales Contracts 1990-1992 |
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Motion to Stay Discovery 1995 |
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Correspondence, Notes concerning Witnesses, Excerpts on Forest
Serivce Policies 1995 |
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Notes, Correspondence, Forest Service and Dept. of Agriculture
Policies, Contracts 1980-1992 |
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Excerpts from the U.S. Code concerning the Forest Service
Notes 1948-1955 |
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Notes on John Bedell, Correspondence concerning Larry
Benson 1994 |
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Community Forestry Case Studies, "Uncertain steps towaerd
Community Forestry, a Case Study in Northern New Mexico," Rio Arriba
County Resolution 1995-1997 |
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Goshawk Suit, Wilderness Socirty, et al., vs. U.S. and Kaibab
Industries 1991 |
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Notes, Research, Excerpts concerning the Carson National
Forest 1955-1992 |
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Correspondnece, Notes, Civil Procedure Rule 56 Excerpts, Forest
Trust Lumber Brokerage 1995 |
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| Description |
Container |
Plaintiffs Emergency Motion II, Dept. of Justice Response; La
Compania Ocho's Amicus Curiae memo, Previous Exhibits 1996-1997 |
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Emergency Motion for Injunction Filed in the District Court of
Arizona (Denied, moot) 1997 |
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Notice of Filing, US Forest Serivce Response to Emergency
Motion 1997 |
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Notes on Oral Arguments undated |
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Plaintiff's Motion for Preliminary Relief, Related Filings,
Plainftiff Exhibits 1997 |
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Motion for Clarification and Modification of May 30, 1997 Order,
La Compania Ocho Motion of Support, Forest Service Exhibits 1997 |
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Forest Service Emergency Motion 1997 |
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Precision Pines' Motion to Intervene 1997 |
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Forest Guardians et al., v. Jack Ward Thomas, US district Court
of Arizona Decision 1997 |
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Appeal to 9th Circuit by Forest Guardians, Briefs, Amicus
Briefs 1997 |
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9th Circuit, Forest Service's Supplemental Excerpts of
Record 1997 |
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9th Circuit, La Compania Ocho's Supplemental Excerpts of
Record 1997 |
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Forest Guardians et al., v. Glickman (Department of Agriculture),
Grazing Suit, Notice of Violation 1996 |
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Coalition of Counties Correspondence 1996 |
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Notes, La Manga Timber Sale Notes, endangered Species Excerpts,
Spotted Owls 1995 |
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Board of County Commisioners of the County of Catron v. United
States Fish and Wildlife Service, Motion for Partial Summary
Judgment 1997 |
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Intent to Sue 1995 |
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Container |
Research and notes on rule 24 1978; 1995-1996 |
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Discovery circa 1990s |
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Research on national environmental policy act 1990s |
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Research on rule 60b circa 1990s |
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Environmental Impact Statement for La Manga Timber
Sale 1994 |
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Final Environmental Impact Statement 1995 |
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Research on Mexican spotted owl recovery plan 1995 |
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Sale prescriptions 1995 |
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Research on critical habitat 1995-1996 |
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Pleadings 1995-1997 |
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Research on endangered species act 1995-1996 |
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Articles 1995-1996 |
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Articles and Newspaper Clippings Part 1 & Part 2 1995-1996 |
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Federal defendants motion for a two-week stay 1996 |
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Intervenors motion for declaratory and injunction
relief 1996 |
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Las comunidades intervention 1996 |
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Motion to modify Mechem order 1996 |
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Motion to strike affidavit 1996 |
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Plaintiff’s motion for leave to file second amended
compliant 1996 |
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Pleadings related to silver v. babbitt 1996 |
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Pre-Trial order 1996 |
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Proposed stipulations and settlement 1996 |
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Research on motion to enjoin 1996 |
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Summary judgment record 1996 |
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Attorney fees and timesheets 1996-1997 |
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Correspondence 1996-1997 |
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Motion for plaintiff’s motion for partial summary judgment and
plaintiff’s exhibits 1996-1997 |
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Motion for reconsideration of court’s ruling on La Compania’s
motion to enjoin plaintiff from proceeding to litigate in Arizona
district court 1996-1997 |
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Motion to enjoin plaintiff forest guardian from proceeding to
litigate in Arizona district court 1996-1997 |
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Plaintiff’s discovery request 1997 |
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Summary judgment 1997 |
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Timber sale contract 1997 |
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Coalition of Arizona and New Mexico counties discovery
request 1997 |
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Container |
Motion to reconsider and amend judgment pertaining to the listing
suit 1995; 1997 |
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Catron County Motion for Contempt 1996 |
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Environmental justice executive order 12898 1996 |
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Motion for preliminary injunction of for stay pending
review 1996 |
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Motion to transfer venue 1996 |
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Research on Southern Ute lawsuit Colorado 1996 |
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Pleadings 1996-1997 |
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Research and billings related to Mexican Spotted Owl 1996-1997 |
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Correspondence 1996-1997;1999 |
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Motion for partial judgment summary 1997 |
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Container |
News Clippings 1974-1980 from sources other than Santa Fe New Mexican, Albuquerque Journal, Rio Grande Sun. Added to collection August 2018.
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