PARRAVANO v. BABBITT

No. 94-16727.

70 F.3d 539 (1995)

Pietro PARRAVANO; Wayne Heikkila; Marguerite Dodgin; Earl Carpenter; David Bitts; Liz Henry; Norman L. De Vall; Pacific Coast Federation of Fishermen's Associations, Inc.; Humboldt Fishermens' Marketing Association; Caito Fisheries, Inc.; Golden Gate Fisherman's Association; Salmon Trollers Marketing Association, Plaintiffs-Appellants, v. Bruce BABBITT, Secretary of the United States Department of Interior; Ron Brown, Secretary, United States Department of Commerce, Defendants-Appellees, and Sue MASTEN, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 16, 1995.


Attorney(s) appearing for the Case

James M. Johnson, Olympia, Washington, for plaintiffs-appellants.

Jacques B. Gelin, United States Department of Justice, Washington, DC, for defendants-appellees.

George Forman, Alexander & Karshmer, Berkeley, California, for intervenor-appellee.

Thomas F. Gede, Special Assistant Attorney General, Sacramento, California, for amicus States of California, Idaho, Nevada, North Dakota, Oklahoma, South Dakota and Vermont.

Thomas P. Schlosser, Morisset, Schlosser, Ayer & Jozwiak, Seattle, Washington, for amicus Hoopa Valley Tribe.

Before: SKOPIL, PREGERSON, and FERNANDEZ, Circuit Judges.


PREGERSON, Circuit Judge:

Pietro Parravano, other commercial fishermen, and commercial fishing associations (collectively "Parravano") appeal the district court's order granting partial summary judgment in favor of defendants Interior Secretary Babbitt and Commerce Secretary Brown and dismissing the remainder of Parravano's claims.

In United States District Court, Parravano alleged that Secretary Brown violated the Magnuson Fishery Conservation and Management...

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