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NORTHERN WIND, INC. v. DALEY

No. 99-1526.

200 F.3d 13 (1999)

NORTHERN WIND, INC., Plaintiff, Appellant, v. William M. DALEY, Secretary of Commerce; United States Department of Commerce, National Oceanic and Atmospheric Administration; and United States of America, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 29, 1999.

Attorney(s) appearing for the Case

Michael A. Collora, with whom Eve Slattery and Dwyer & Collora, LLP, were on brief for appellant.

Todd S. Kim, Attorney, with whom Richard Monikowski, Attorney, Robert L. Klarquist, Attorney, Lois J. Schiffer, Assistant Attorney General, Department of Justice, Environment & Natural Resources Division, and Joel La Bissonniere, National Ocean and Atmospheric Administration, Office of General Counsel, were on brief for appellees.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and STAHL, Circuit Judge.

STAHL, Circuit Judge.

Plaintiff Northern Wind, Inc. ("Northern Wind") appeals the district court's grant of summary judgment for Defendant, the National Oceanic and Atmospheric Administration ("NOAA"). The decision upheld a civil penalty assessed against Northern Wind pursuant to 16 U.S.C. § 1858, and a finding by an Administrative Law Judge ("ALJ") that Northern Wind was liable for the possession of nonconforming Atlantic sea scallops under the Magnuson-Stevens...

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