MONTERO v. BABBITT

No. 93-CV-0545 (DRH).

921 F.Supp. 134 (1996)

Dr. Carlos F. MONTERO and Nives Montero, Plaintiffs, v. Bruce BABBITT, Secretary, Department of the Interior of the United States of America, and Nancy M. Kaufman, Acting Regional Director, United States Fish and Wildlife Service, Defendants.

United States District Court, E.D. New York.

March 28, 1996.


Attorney(s) appearing for the Case

Corwin & Matthews by Charles T. Matthews, Huntington, New York, for plaintiffs.

Zachary W. Carter, United States Attorney, Eastern District of New York by Kevin Cleary, Asst. U.S. Atty., Brooklyn, New York, for defendants.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

HURLEY, District Judge.

INTRODUCTION

By complaint dated February 5, 1993, plaintiffs commenced the present action, pursuant to the relevant provisions of the Administrative Procedure Act, 5 U.S.C. §§ 701-706, for review of a determination made under the authority of defendant, Bruce Babbitt, then Secretary of the Interior, by the Fish and Wildlife Service ("Wildlife Service"), denying...

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