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CARIBBEAN MARINE SERVICES CO. v. BALDRIGE

Nos. 87-57845, 87-5821.

844 F.2d 668 (1988)

CARIBBEAN MARINE SERVICES COMPANY, INC., a California Corporation; Carlos A. Garcia, Plaintiffs-Appellees, v. Malcolm BALDRIGE, Secretary of Commerce of the United States; Anthony Calio, Administrator, National Oceanic and Atmospheric Administration; William Evans, Assistant Administrator for Fisheries, National Marine Fisheries Services; E.C. Fullerton, Southwest Regional Director, National Marine Fisheries Service, Defendants-Appellants. CAROLINE M. CORP., INC.; Jose R. Rebelo; Francisco M. Nunes, Plaintiffs-Appellees, v. Malcolm BALDRIGE, Secretary of Commerce of the United States; Anthony J. Calio, Administrator, National Oceanic and Atmospheric Administration; William Evans, Assistant Administrator for Fisheries Service; E.C. Fullerton, Southwest Regional Director, National Marine Fisheries Service, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 14, 1988.

Attorney(s) appearing for the Case

F. Henry Habicht, II, Asst. Atty. Gen., Washington, D.C., Peter K. Nunez, U.S. Atty., Karen M. Shichman, Asst. U.S. Atty., San Diego, Cal., Eileen Sobeck, Peter R. Steenland, Jr., and Alice Thurston, Dept. of Justice, Washington, D.C., for defendants-appellants.

Charles W. Froehlich, Jr., Peterson, Thelan & Price, Keith Zakarin, Lillick, McHose & Charles, San Diego, Cal., for plaintiffs-appellees.

Schulman and Schulman by Elizabeth Schulman, Thomas H. (Speedy) Rice, San Diego, Cal., for amicus curiae, American Civil Liberties Foundation of Southern California, San Diego Chapter.

Before WALLACE, NORRIS and THOMPSON, Circuit Judges.

WALLACE, Circuit Judge:

The Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Assistant Administrator for Fisheries, National Fisheries Service, and the Southwest Regional Director of the National Marine Fisheries Service (government) appeal two preliminary injunctions prohibiting them from placing female observers on board commercial tuna boats owned and operated by Caribbean Marine Service Co. and Caroline M. Corp...

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