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SOUTHEASTERN FISHERIES ASS'N, INC. v. MOSBACHER

Civ. A. No. 86-1948 SSH.

773 F.Supp. 435 (1991)

SOUTHEASTERN FISHERIES ASSOCIATION, INC., and National Fisheries Institute, Inc., Plaintiffs, v. Robert A. MOSBACHER, Secretary, United States Department of Commerce, J. Curtis Mack, Acting Administrator, National Oceanic and Atmospheric Administration, United States Department of Commerce, and William E. Evans, Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration, Defendants, and Coastal Conservation Association and State of Florida, Defendant-Intervenors.

United States District Court, District of Columbia.

August 6, 1991.

Attorney(s) appearing for the Case

Eldon V.C. Greenberg, Garvey Schubert & Barer, Washington, D.C., for plaintiffs.

Michelle Kuruc, Wildlife and Marine Resources Div., Donald A. Carr, Land and Natural Resources Div., Washington, D.C., for Department of Justice.

Craig O'Connor, Andy Kemmerer, St. Petersburg, Fla., for National Marine Fisheries Service.

Jay S. Johnson, Asst. Gen. Counsel for Fisheries, Washington, D.C., for National Oceanic and Atmospheric Admin.

James W. Sloan, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Charles R. McCoy, Asst. Gen. Counsel, Dept. of Natural Resources, Tallahassee, Fla., for State of Fla.

Robert G. Hayes, Jeffrey R. Masi, Washington, D.C., for Coastal Conservation Ass'n.

OPINION

STANLEY S. HARRIS, District Judge.

Plaintiffs filed this action challenging certain provisions of the Secretarial Fishery Management Plan for the Red Drum Fishery of the Gulf of Mexico, as amended by Amendment Number One, and its implementing regulations. On July 31, 1990, the Court dismissed that portion of Count One which addressed the directed redfish fishery. Now before the Court are plaintiffs' motion for summary judgment and the cross-motions...

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