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MARINE MAMMAL CONSERVANCY v. DEPARTMENT OF AGR.

No. 96-1495.

134 F.3d 409 (1998)

MARINE MAMMAL CONSERVANCY, INC., Petitioner, v. DEPARTMENT OF AGRICULTURE and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 1998.

Attorney(s) appearing for the Case

Arthur G. House, Bethesda, MD, argued the cause and filed the briefs for petitioner. Fredric D. Firestone, Bethesda, MD, entered an appearance.

M. Bradley Flynn, Attorney, U.S. Department of Agriculture, Washington, DC, argued the cause for respondents. With him on the brief was James M. Kelly, Associate General Counsel.

Before: EDWARDS, Chief Judge, WALD and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Marine Mammal Conservancy, Inc. is a nonprofit organization operating in the Florida Keys. For several years it has been trying to establish its ownership of four dolphins — "Molly," "Luther," "Buck," and "Jake." In 1995, the board of directors of Sugarloaf Dolphin Sanctuary, Inc., which then owned and held the dolphins at Sugarloaf Key, agreed to transfer their ownership...

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