JENSEN v. U.S.

Civ. A. Nos. 86-4176(SSB), 86-4788(SSB), 87-0063(SSB), 87-0084(SSB), 87-3606(SSB), 86-5119(SSB), 86-5120(SSB), 86-5122(SSB) and 87-1205(SSB).

743 F.Supp. 1091 (1990)

Arne JENSEN; James P. Harris; John W. Vona; Arthur A. Ochse, Jr., Plaintiffs, v. UNITED STATES of America; and John A. Knauss, Administrator, National Oceanic and Atmospheric Administration, Defendants. UNITED STATES of America, Plaintiff, v. The PROCEEDS OF the SALE OF 10,324 POUNDS OF ATLANTIC SEA SCALLOPS TO WIT: $39,747.40.

United States District Court, D. New Jersey.

July 20, 1990.


Attorney(s) appearing for the Case

Edward V. Cattell, Jr., Clark, Ladner, Fortenbaugh & Young, Haddonfield, N.J., for Jensen, et al.

Michael Chertoff, U.S. Atty. by Bette Uhrmacher, Asst. U.S. Atty., Trenton, N.J., Richard B. Stewart, Asst. Atty. Gen., James C. Kilbourne, Larry Bradfish, U.S. Dept. of Justice, Washington, D.C., for U.S.


OPINION

BROTMAN, District Judge.

These nine suits arise from the government's seizure of Atlantic sea scallops for violations of regulations promulgated under the Magnuson Fishery Conservation and Management Act ("Act"), 16 U.S.C. §§ 1801-1882. Plaintiff fishermen brought five of the nine suits, consolidated under docket number 86-4176, challenging the constitutionality of the procedures used by the National Oceanic and Atmospheric Administration...

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