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METCALF v. DALEY

No. 98-36135.

214 F.3d 1135 (2000)

Jack METCALF; Australians for Animals; Beach Marine Protection; S'Tassawood of the Cheaba Family of the Makah Nation, (Alberta N. Thompson); The Fund for Animals; Tim Walsh; Lisa Lamb; Sue Miller; Stephen Dutton; Deep Sea Charters, Inc., Plaintiffs-Appellants, v. William DALEY, Secretary U.S. Department of Commerce; James Baker, Administrator, National Oceanic and Atmospheric Administration; Rolland A. Schmitten, Director, National Marine Fisheries Service, Defendants-Appellees, and Makah Indian Tribe, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2000.

Attorney(s) appearing for the Case

Robert H. Oakley, United States Department of Justice, Washington, D.C., for the defendants-appellees.

Jonathan R. Lovvorn, Meyer & Glitzenstein, Washington, D.C., for the plaintiffs-appellants.

John B. Arum, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, Washington, for the defendant-intervenor-appellee.

Kimberly M. McCormick, Latham & Watkins, San Diego, California, for the Amicus.

Before: TROTT, KLEINFELD, and SILVERMAN, Circuit Judges.

Opinion by Judge TROTT; Dissent by Judge KLEINFELD.

TROTT, Circuit Judge:

Appellants Jack Metcalf et al. appeal the district court's grant of summary judgment in favor of appellees William Daley, Secretary of Commerce; James Baker, Administrator of National Oceanic and Atmospheric Administration; Rolland A. Schmitten, Director of National Marine Fisheries Service (collectively "Federal Defendants"); and the Makah Indian Tribe ("Makah" or "Tribe"). Appellants...

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