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92-2171 - USA v. Jenks

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92-2171 - USA v. Jenks
April 26, 1994
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[760862] Terminated on the Merits after Oral Hearing; Affirmed (in part) and Reversed (in part); Written, Signed, Published. Baldock, authoring judge; Barrett; Ebel. [92-2171] We AFFIRM the district court's order as hereby MODIFIED, enjoining Defendant's use of the disputed access roads until he applies for a special use permit pursuant to ANILCA. We REVERSE the district court's finding regarding the reasonableness of the terms of the permit. We also REVERSE the district court's grant of summary judgment in favor of the Forest Service as to Defendant's patent and common law claims and REMAND to the district court for further proceedings consistent with this opinion.