In an equal protection case arising out of a dispute over an auction for Idaho grazing lands, denial of defendants' motion to dismiss is affirmed where: 1) the Court had jurisdiction over the interlocutory appeal due to defendants' claim of qualified immunity; 2) defendant adequately pled an equal protection claim under section 1983 by alleging disparate treatment due to status as a non-conservationist for which defendants put forth no rational basis; and 3) defendants had no qualified immunity because plaintiff adequately pled that defendants violated a constitutional right and that right was clearly established.