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LOVGREN v. BYRNE

No. 85-5180.

787 F.2d 857 (1986)

Gosta (Swede) LOVGREN v. John V. BYRNE, Administrator, United States Department of Commerce, National Oceanic and Atmospheric Administration, Washington, D.C. and the National Marine Fisheries Service, United States of America, Defendant Intervenor. Appeal of Gosta (Swede) LOVGREN and Lovgren Enterprises.

United States Court of Appeals, Third Circuit.

Decided March 26, 1986.

Attorney(s) appearing for the Case

Marlene Lynch Ford, Ford & Berkowitz, Point Peasant Beach, N.J., for appellant.

F. Henry Habicht II, Asst. Atty. Gen., Roger J. Marzulla, Deputy Asst. Atty. Gen., Thomas W. Greelish, U.S. Atty., Newark, N.J., Irene Dowdy, Asst. U.S. Atty., Trenton, N.J., Jacques B. Gelin, Leslie Kannan, Blake A. Watson, Attys., Dept. of Justice, Linda I. Marks, Charles R. Juliand, Attys., Dept. of Commerce, NOAA, Washington, D.C., for appellees.

Before GARTH and STAPLETON, Circuit Judges, and FULLAM, District Judge.

Submitted Under Third Circuit Rule 12(6) January 10, 1986.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

Gosta Lovgren and Lovgren Enterprises ("Lovgren") were found by an administrative law judge to have violated two regulations issued pursuant to the Magnuson Fishery Conservation and Management Act, 16 U.S.C. § 1801 et seq. ("The Magnuson Act") and fined $50,000. The district court denied relief and Lovgren appealed to this court....

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