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CONTI v. U.S.

No. 01-5068.

291 F.3d 1334 (2002)

Paul CONTI and Conti Corporation (as owner of F/V Providenza), Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 29, 2002.

Attorney(s) appearing for the Case

Paul Antinori, of North Andover, MA, argued or plaintiff-appellant.

Marian E. Sullivan, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Deborah A. Bynum, Assistant Director. Of counsel on the brief were Mariam McCall and Deborah Ben-David, Office of the General Counsel, National Oceanic and Atmospheric Administration, Department of Commerce, of Silver Spring, MD.

Before NEWMAN, CLEVENGER, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

Paul Conti is a swordfisherman. Along with Conti Corporation, he filed suit in the United States Court of Federal Claims seeking compensation under the taking clause of the Fifth Amendment. In his complaint, Mr. Conti alleged that the government's 1999 prohibition on drift gillnet swordfishing in the Atlantic Swordfish Fishery had deprived him of all economic value in his swordfishing permit, his vessel, the F/V Providenza (owned by Conti...

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