FLAHERTY v. NATIONAL MARINE FISHERIES SERVICE

No. 88 C 1275.

697 F.Supp. 127 (1988)

James E. FLAHERTY, Plaintiff, v. The NATIONAL MARINE FISHERIES SERVICE, FINANCIAL SERVICES DIVISION, National Oceanic and Atmospheric Administration, United States Department of Commerce, C. William Verity, in his official capacity as Secretary of Commerce, William Evans, in his official capacity as Assistant Administrator for Fisheries, James E. Douglas, Jr., in his official capacity as Acting Administrator for Fisheries, Michael L. Grable, in his official capacity as Chief, Financial Services Division, National Marine Fisheries Service, and Charles L. Cooper, in his official capacity as Program Leader, National Marine Fisheries Service, Defendants.

United States District Court, E.D. New York.

October 13, 1988.


Attorney(s) appearing for the Case

James E. Flaherty, Hampton Bays, N.Y., pro se.

Andrew J. Maloney, U.S. Atty. Brooklyn, N.Y. (Yvette Rivera, Asst. U.S. Atty., of counsel), for defendants.


MEMORANDUM AND ORDER

NICKERSON, District Judge.

Plaintiff, an offshore commercial lobsterman, brought this action pro se against the National Marine Fisheries Service, Financial Services Division (Fisheries), and the other named defendants under the Administrative Procedure Act, 5 U.S.C. §§ 701-06 (1982) (the APA), the Fisherman's Protective Act of 1967, 22 U.S.C. § 1971 et seq. (1982) (the Act), and the due process clause of...

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