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AMERICAN TUNABOAT ASS'N v. BROWN

No. 94-16275.

67 F.3d 1404 (1995)

AMERICAN TUNABOAT ASSOCIATION; Bonjenval Holdings, Ltd., a corporation individually and on behalf of all persons similarly situated, Plaintiffs-Appellants, v. Ronald H. BROWN, Secretary of Commerce, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 10, 1995.

Attorney(s) appearing for the Case

August Felando, San Diego, California, for plaintiffs-appellants.

M. Alice Thurston, United States Department of Justice, Washington, DC, for defendants-appellees.

Joshua R. Floum, Heller, Ehrman, White & McAuliffe, San Francisco, California, for amicus curiae Earth Island Institute.

Before: FLETCHER, PREGERSON, and RYMER, Circuit Judges.

Opinion by Judge PREGERSON; Partial Concurrence and Partial Dissent by Judge RYMER.

PREGERSON, Circuit Judge:

Plaintiffs-Appellants American Tunaboat Association, et al. ("ATA") appeal the district court's order denying a preliminary injunction to prevent Defendants-Appellees Ronald H. Brown, Secretary of Commerce, et al. from enforcing a Notice of Fishery Closure. They also seek review of the district court's grant of partial summary judgment that decided...

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