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WHITE'S LANDING FISHERIES, INC. v. BUCHHOLZER

No. 93-3549.

29 F.3d 229 (1994)

WHITE'S LANDING FISHERIES, INC.; Joseph Herr, doing business as Joe Herr Fishery; Szuch Brothers Fisheries, Inc.; Ken King, doing business as King Fishery; Port Clinton Fish Co.; David Segaard, doing business as Segaard Fishery; New Shoreline Fisheries, Inc.; Harry C. Wise, Jr., doing business as H. Wise Fishery; James Swartz and Thomas Swartz, doing business as S & S Fisheries; William Fouke, doing business as U.S. Fisheries; Cold Creek Fish Co., Plaintiffs-Appellants, v. Frances S. BUCHHOLZER, in her capacity as Director of the Ohio Department of Natural Resources; Richard B. Pierce, in his capacity as Chief — Division of Wildlife, Ohio Department of Natural Resources, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 8, 1994.

Attorney(s) appearing for the Case

Frank D. Celebrezze, Donald Jeffrey Kral, Lewis Einbund (argued), Rubenstein, Novak, Einbund, Pavlik & Celebrezze, Cleveland, OH, for plaintiffs-appellants.

Joan C. Weiser, Thomas J. Grever (argued and briefed), Columbus, OH, for defendants-appellees.

Before: JONES, Circuit Judge; WELLFORD, Senior Circuit Judge; and ENSLEN, District Judge.

JONES, Circuit Judge, delivered the opinion of the court, in which WELLFORD, Senior Circuit Judge, joined.

ENSLEN, District Judge (pp. 232-33), delivered a separate dissenting opinion.

NATHANIEL R. JONES, Circuit Judge.

Plaintiffs-Appellants, commercial fishermen in northeastern Ohio, appeal the district court's grant of summary judgment to the defendants Frances Buchholzer, Director, and Richard Pierce, Chief of the Wildlife Division of the Ohio Department...

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