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STRONG v. U.S.

No. 92-7807.

5 F.3d 905 (1993)

Erv STRONG and Sonja Strong, d/b/a The Dolphin Connection, Plaintiffs-Appellees, v. UNITED STATES of America and Barbara H. Franklin, Secretary of Commerce, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 29, 1993.

Attorney(s) appearing for the Case

Charles R. Shockey, William H. Lazarus, David C. Shilton, Dept. of Justice, Environmental and Natural Resource Div., Washington, DC, Ronald G. Woods, U.S. Atty., Larry M. Ludka, Asst. U.S. Atty., Corpus Christi, TX, for defendants-appellants.

Robert L. Deitz, Perkins Coie, Washington, DC, amicus curiae, Center for Marine Conservation.

Les Cassidy, Woolsey & Cassidy, Corpus Christi, TX, for plaintiffs-appellees.

Before POLITZ, Chief Judge, REAVLEY and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:

Erv and Sonja Strong conduct a commercial tourboat business to transport tourists into the bay by boat for the purpose of feeding dolphins. By this suit the Strongs have challenged the validity of a rule promulgated under the Marine Mammal Protection Act by the Secretary of Commerce which defines the feeding of marine mammals in the wild as prohibited activity. The district court permanently enjoined enforcement of the regulation. 811...

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