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SOUTHEASTERN FISHERIES ASS'N INC. v. CHILES

No. 91-5721.

979 F.2d 1504 (1992)

SOUTHEASTERN FISHERIES ASSOCIATION, INCORPORATED, a Florida corporation, Glen Black, an individual, Plaintiffs-Appellees, v. Lawton CHILES, Governor, individually, and as Governor of Florida, Robert A. Butterworth, Attorney General, individually and as the Attorney General of Florida, Bob Crawford, individually and as Commissioner of Agriculture of the State of Florida, Jim Smith, individually and as Secretary of State for Florida, Tom Gallagher, individually and as State Treasurer and Insurance Commissioner, Betty Castor, individually and as the Commissioner of Education of the State of Florida, Ronald McCullers, Maj., individually and as supervisor of District IX Florida Marine Patrol, Gerald A. Lewis, individually and as State Comptroller, Defendants-Appellants, Florida Conservation Association, Intervenor-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 29, 1992.

Attorney(s) appearing for the Case

Jonathan A. Glogau, Asst. Atty. Gen., Tallahassee, Fla., for defendants-appellants.

David G. Guest, Sierra Club Legal Defense Fund, Tallahassee, Fla., for Intervenor-Florida Conservation Ass'n.

Brian E. Berwick, Office of Atty. Gen. of Texas, Austin, Tex. and Michael J. Bowers, Georgia, Dept. of Law, Atlanta, Ga., for amicus, Atty. Generals.

Laurie Fowler, Environmental Law Ass'n, Georgia Law Review, University of Georgia School of Law, Curtis G. Shoemaker, Athens, Ga., for amicus, Environmental Law Ass'n.

David Paul Horan, Horan Horan & Esquinaldo, Key West, Fla., for plaintiffs-appellees.

David C. Shilton, John A. Bryson, and J. Carol Williams, Dept. of Justice, Environmental & Natural Resources Div., Washington, D.C., for the U.S. amicus in support of defendants-appellants.

Before TJOFLAT, Chief Judge and FAY and COX, Circuit Judges.

FAY, Circuit Judge:

Officials of the State of Florida and the Florida Conservation Association, the defendants, appeal the district court's order granting summary judgment for Southeastern Fisheries Association, Inc. and Glen Black, the plaintiffs. The district court permanently enjoined enforcement of the Florida Administrative Code, Chapter 46-23, outside of state territorial waters and held the regulations unconstitutional as violations of the Supremacy Clause...

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