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MOTOR VESSELS THERESA ANN v. KREPS

No. 77-1401.

548 F.2d 1382 (1977)

MOTOR VESSELS THERESA ANN et al., Appellees, v. Juanita M. KREPS et al., Appellants.

United States Court of Appeals, Ninth Circuit.

February 24, 1977.

Attorney(s) appearing for the Case

David B. Roe (argued), Environmental Defense Fund, Berkeley, Cal., Bruce C. Rashkow (argued), Peter R. Taft, Asst. Atty. Gen., Margaret Strand, Land & Natural Resources Division, Marine Resources Section, U.S. Dept. of Justice, Washington, D.C., for appellants.

Richard A. Paul (argued), William N. Kammer, Rudi M. Brewster, William E. Peterson, Gray, Cary, Ames & Frye, San Diego, Cal., for appellee.

David G. Burney, San Diego, Cal., for American Tuna Boat Association.

Before DUNIWAY, SNEED and KENNEDY, Circuit Judges.

ORDER FOR PUBLICATION

Pending the appeal, the preliminary injunction issued by the District Court for the Southern District of California is stayed. The stay is to remain in effect until further order of this court.

The respondents have not demonstrated that the questions raised either indicate a probable resolution favorable to their position, or are sufficiently serious in the legal sense to meet the alternative standard of Inglis v. ITT Continental...

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