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REYNOLDS v. BUCHHOLZER

No. 94-4294.

87 F.3d 827 (1996)

Frank REYNOLDS, d/b/a Reynolds Fisheries; Port Clinton Fish Company; James Maricque, Plaintiffs-Appellants, v. Frances S. BUCHHOLZER, Director of Ohio Department of Natural Resources; Richard B. Pierce, Chief of the Division of Wildlife; George B. Voinovich, Governor of the State of Ohio, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 1, 1996.

Attorney(s) appearing for the Case

Charles E. Bloom (argued and briefed), Herschel, Accettola, Bloom & Associates, Toledo, OH, Jeffrey C. Zilba (briefed), Zilba & Korpowski, Toledo, OH, for Frank Reynolds, Port Clinton Fish Co., and James Maricque.

Joan C. Weiser (argued and briefed), Attorney General's Office, Columbus, OH, for Frances S. Buchholzer, Richard B. Pierce, and George B. Voinovich.

Before: KEITH and SILER, Circuit Judges; GIBBONS, Chief District Judge.

SILER, Circuit Judge.

Frank Reynolds, a commercial fisherman, Port Clinton Fish Company, a fish distributor, and James Maricque, a Wisconsin restaurateur [collectively "the plaintiffs"], appeal the district court's dismissal of their cause of action. The plaintiffs filed a claim for declaratory and injunctive relief against the Ohio Department of Natural Resources ["ODNR"]. They argue that the Ohio statutes and regulations ["the statutes"]1

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