DAVROD CORP. v. COATES

Nos. 91-1629, 91-1710.

971 F.2d 778 (1992)

DAVROD CORPORATION, et al., Plaintiffs, Appellants, v. Philip G. COATES, etc., et al., Defendants, Appellees. DAVROD CORPORATION, et al., Plaintiffs, Appellees, v. Philip G. COATES, etc., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 22, 1992.

As Amended August 21, 1992.


Attorney(s) appearing for the Case

Ronald R. Coles, with whom Coles and Mongue, Kennebunk, Me., was on brief, for plaintiffs, appellants.

Douglas H. Wilkins, Asst. Atty. Gen., with whom Scott Harshbarger, Atty. Gen., Boston, Mass., was on brief, for defendants, appellees.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and POLLAK, Senior District Judge.


LOUIS H. POLLAK, Senior District Judge.

This case challenges the enforcement by an agency of the Commonwealth of Massachusetts — the Division of Marine Fisheries of the Department of Fisheries, Wildlife and Environmental Law — of certain rules governing fishing and the processing of fish in the coastal waters of Massachusetts. The rule that was the catalyst of this controversy is a regulation, adopted by the Division of Marine Fisheries in 1985, that...

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