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ATLANTIC FISH SPOTTERS ASS'N. v. EVANS

No. CIV. 01-10968-WGY.

206 F.Supp.2d 81 (2002)

ATLANTIC FISH SPOTTERS ASSOCIATION, Jonathan A. Mayhew, Robert Sampson, William C. Chaprales, and Ralph E. Pratt, Plaintiffs, v. The Honorable Donald L. EVANS, as he is Secretary of the United States Department of Commerce, Defendant, and General Category Tuna Association and Northshore Community Tuna Association, Defendant-Intervenors.

United States District Court, D. Massachusetts.

May 22, 2002.

Attorney(s) appearing for the Case

H. Reed Witherby, Smith & Duggan, Boston, MA, Andrew D. Herman, Brand, Lowell & Ryan, P.C., David E. Frulla, Brand & Frulla, P.C., Jay Sewell Johnson, Washington, DC, for Plaintiffs.

Anton P. Giedt, U.S. Attorney's Office, Boston, MA, for Defendants.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. INTRODUCTION

The plaintiffs, Atlantic Fish Spotters Association and others (collectively referred to hereinafter as the "Association"), bring this civil action against the defendant, Secretary of the United States Department of Commerce Donald L. Evans (the "Secretary"). The Association challenges the inclusion of a condition (the "Permit Condition") to granting General and Harpoon category fishing...

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