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LOGGERHEAD TURTLE v. COUNCIL OF VOLUSIA CTY., FLA.

No. 97-2083.

148 F.3d 1231 (1998)

LOGGERHEAD TURTLE (Caretta caretta); Green Turtle (Chelonia mydas), et al., Plaintiffs-Appellants, v. The COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, a political subdivision of the State of Florida, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 3, 1998.

Attorney(s) appearing for the Case

Lesley Gay Blackner, New York City, Steven A. Davison, University of Baltimore School of Law, Baltimore, MD, for Plaintiffs-Appellants.

Jeffrey D. Keiner, Frank A. Hamner, Charles W. Sell, G. Robertson Dilg, Gray, Harris & Robinson, P.A., Orlando, FL, Jamie E. Seaman, Asst. County Atty., County of Volusia, Deland, FL, for Defendant-Appellee.

Before HATCHETT, Chief Judge, and RONEY and CLARK, Senior Circuit Judges.

HATCHETT, Chief Judge:

The loggerhead sea turtle (Caretta caretta) and green sea turtle (Chelonia mydas) with appellants Shirley Reynolds and Rita Alexander (collectively the Turtles) challenge the district court's dismissal of their case brought pursuant to the Endangered Species Act (ESA), 16 U.S.C. §§ 1531-1544 (1994). They present: (1) an issue of first impression, whether the incidental take permit exception to the ESA's "take" prohibition...

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