EAGLE EYE FISHING CORP. v. U.S. DEPT. OF COMMERCE

No. 93-1740.

20 F.3d 503 (1994)

EAGLE EYE FISHING CORPORATION, et al., Petitioners, Appellants, v. UNITED STATES DEPARTMENT OF COMMERCE, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided March 17, 1994.


Attorney(s) appearing for the Case

Edward F. Bradley, Jr., Portland, ME, for appellants.

Joan M. Pepin, Atty., U.S. Dept. of Justice, with whom Myles E. Flint, Deputy Asst. Atty. Gen., Washington, DC, A. John Pappalardo, U.S. Atty., Boston, MA, Edward J. Shawaker, Charles W. Brooks, Patricia Kraniotis, and Karen Antrim Raine, Washington, DC, were on brief, for appellees.

Before SELYA, BOUDIN and STAHL, Circuit Judges.


SELYA, Circuit Judge.

The marlin's tail, a central image in one of the little masterpieces of modern literature,1 today finds a new habitat: we must pass upon a fine levied by the National Oceanic and Atmospheric Administration (NOAA) for possession of such a tail. In the last analysis, however, the appeal does not turn on matters of either ichthyology or literature, but on pedestrian principles of procedural default. We conclude that...

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