FOSS v. NATIONAL MARINE FISHERIES SERVICE

No. 97-36097.

161 F.3d 584 (1998)

Richard D. FOSS, Plaintiff-Appellant, v. NATIONAL MARINE FISHERIES SERVICE; Steven Pennoyer, in his capacity as Regional Director, National Marine Fisheries Service; Michael Kantor, in his capacity as Secretary of Commerce; Department of Commerce, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 25, 1998.


Attorney(s) appearing for the Case

Wayne Mitchell, Harris & Hull, Seattle, Washington, for the plaintiff-appellant.

M. Alice Thurston, Andrew C. Mergen, United States Department of Justice, Washington D.C. and Brian C. Kipnis, Office of the United States Attorney, Seattle, Washington, for the defendants-appellees.

Before: SCHROEDER, WIGGINS and McKEOWN, Circuit Judges.


McKEOWN, Circuit Judge:

This case calls upon us to decide whether an applicant for a federal fishing quota permit has a cognizable procedural due process claim. Appellant Richard Foss filed his application 45 days late and the National Marine Fisheries Service ("NMFS") denied the application as untimely. Foss claims that the denial violated his procedural due process rights and also challenges the denial on other grounds. The district court held that Foss had no property...

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