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CRUZ v. ZAPATA OCEAN RESOURCES, INC.

Nos. 79-3701 and 79-3704 to 79-3708.

695 F.2d 428 (1982)

Luis Trelles CRUZ, et al., Plaintiffs, v. ZAPATA OCEAN RESOURCES, INC., Calypso Tuna, Inc., City of Lisbon, Inc., Maria Elizabeth, Inc. and West Indies Tuna, Inc., Defendants Third-Party Plaintiffs-Appellants, v. UNITED STATES of America, Third-Party Defendant-Appellee. Alfredo A. CASTILLO, et al., Plaintiffs, v. ZAPATA OCEAN RESOURCES, INC., et al., Defendants Third-Party Plaintiffs-Appellants, v. UNITED STATES of America, Third-Party Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 29, 1982.

Attorney(s) appearing for the Case

Paula L. Lehman, Gray, Cary, Ames & Frye, San Diego, Cal., for Cruz and Castillo.

Dennis L. Bryant, San Francisco, Cal., for Zapata Ocean Resources.

Before BROWNING, Chief Judge, NORRIS, Circuit Judge, and TASHIMA, District Judge.

BROWNING, Chief Judge:

The question presented is whether the Secretary of Commerce (the Secretary) acted lawfully in issuing regulation 50 C.F.R. § 258.8(g) barring consideration of claims submitted by non-resident alien crew members under section 7 of the Fishermen's Protective Act, 22 U.S.C. § 1977, for losses resulting from seizure of a fishing vessel by a foreign nation. We conclude that the Secretary exceeded his authority, and the regulation is therefore...

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