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HALF MOON BAY FISHERMANS' MARKETING ASS'N v. CARLUCCI

No. 88-2606.

847 F.2d 1389 (1988)

HALF MOON BAY FISHERMANS' MARKETING ASSOCIATION, Steve Fitz, James Matkin Buskirk, Michael McHenry, John Szostak, Harold Janniro, Steve Trusso, and Don Dodson, Plaintiffs-Appellants, v. Frank CARLUCCI, in his capacity as Secretary of Defense, John O. Marsh, Jr., in his capacity as Secretary of the Army, Lt. General E.R. Heiberg, III, in his capacity as Commanding General of the Army Corps of Engineers, the United States Army Corps of Engineers; Port of Oakland, and the Board of Port Commissioners, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Amended June 3, 1988.

Attorney(s) appearing for the Case

Roger Beers, Cynthia Koehler, San Francisco, Cal., for plaintiffs-appellants.

Francis B. Boone, Asst. U.S. Atty., San Francisco, Cal., for federal defendants-appellees.

Charles S. Barquist, Morrison & Foerster, San Francisco, Cal., for defendants-appellees Port of Oakland and Bd. of Port Com'rs.

Before HUG, BRUNETTI, and NOONAN, Circuit Judges.

BRUNETTI, Circuit Judge:

The plaintiffs, Half Moon Bay Fishermans' Marketing Association ("the Association") and individual fishermen, brought this action to challenge the Army Corps of Engineers' ("the Corps") and the Port of Oakland's decision to dump 500,000 cubic yards of dredged materials from Oakland's Inner Harbor Channel into the area of ocean water off Half Moon Bay known as site B1. The 500,000 cubic yards at issue in this case represent the minimum initial...

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