In a Bivens action claiming that the Forest Service improperly delayed plaintiff’s efforts to construct radio antennae, dismissal of the complaint is affirmed where the Administrative Procedure Act provided an adequate alternative remedy which foreclosed a remedy under Bivens.

Read Western Radio Servs. Co. v. U.S. Forest Serv., No. 08-35186

Appellate Information

Argued and Submitted May 7, 2009

Filed August 21, 2009

Judges

Opinion by Judge Ikuta

Counsel

For Appellants:

Marianne Dugan, Eugene, OR

For Appellees:

Kevin Danielson, Portland, OR

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