KRAMER v. MOSBACHER

No. 88-2995.

878 F.2d 134 (1989)

Kenneth W. KRAMER, et al., Plaintiffs-Appellees, v. Robert A. MOSBACHER, in his official capacity as Secretary of Commerce; National Oceanic and Atmospheric Administration; William E. Evans, in his official capacity as Assistant Administrator for Fisheries of the U.S. Department of Commerce; Joseph Angelovic, in his official capacity as Regional Director; National Marine Fisheries Services, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 20, 1989.


Attorney(s) appearing for the Case

Charles Ray Shockey (Donald A. Carr, Acting Asst. Atty. Gen., Anne S. Almy, James C. Kilbourne, Dept. of Justice, William J. Nielander, Susan K. Auer, Nat. Oceanic and Atmospheric Admin., Dept. of Commerce, Washington, D.C., on brief) for defendants-appellants.

Daniel F. McLawhorn, Sp. Deputy Atty. Gen., Raleigh, N.C., Stevenson Lee Weeks (Wheatly, Wheatly, Nobles, Weeks & Wainwright, P.A., Beaufort, N.C., on brief) for plaintiffs-appellees.

Before HALL, SPROUSE, and CHAPMAN, Circuit Judges.


CHAPMAN, Circuit Judge:

This dispute involves a challenge to the closure of the South Atlantic King Mackerel fisheries. Following plaintiffs' petition to the district court requesting relief, the court, on November 25, 1988, enjoined enforcement of the closure. Because we believe the district court neither had jurisdiction to entertain the complaint against the Secretary nor had authority to grant injunctive relief, we reverse...

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