04-8016 -- Robbins v. Wilkie -- 08/08/2007

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PUBLISH

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

HARVEY FRANK ROBBINS,

Plaintiff-Appellee,

CHARLES WILKIE, DARRELL BARNES, TERYL SHRYACK, MICHAEL MILLER, GENE LEONE, and DAVID L. WALLACE,

Defendants-Appellants.

No. 04-8016

(D. Wyoming)

(D.C. No. 98-CV-201-CAB)

_______________________________

PACIFIC LEGAL FOUNDATION, NEW MEXICO CATTLE GROWERS ASSOCIATION, WASHINGTON FARM BUREAU, IDAHO FARM BUREAU, IDAHO COUNTY FARM BUREAU, OWYHEE COUNTY FARM BUREAU, WASHINGTON STATE GRANGE, and NEW MEXICO FEDERAL LANDS COUNCIL,

Amicus Curiae.

ORDER

Before KELLY, HENRY, and MURPHY, Circuit Judges.

This matter is before us upon remand from the United States Supreme Court. The Court granted defendants' petition for writ of certiorari and reversed our prior judgment in favor of plaintiff Harvey Frank Robbins, Wilkie v. Robbins, 127 S. Ct. 2588 (2007). Consistent with the Supreme Court's decision, we VACATE our judgment in Robbins v. Wilkie, 433 F.3d 755 (10th Cir. 2006), and DISMISS the appeal. The case is REMANDED to the United States District Court for the District of Wyoming for further proceedings in accordance with the opinion of the United States Supreme Court.

Entered for the Court

Elisabeth A. Shumaker, Clerk

By:

Deputy Clerk

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