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ATLANTIC FISH SPOTTERS ASS'N v. EVANS

No. 02-1899.

321 F.3d 220 (2003)

ATLANTIC FISH SPOTTERS ASSOCIATION, et al., Plaintiffs, Appellants, v. Donald L. EVANS, as he is Secretary of Commerce, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 25, 2003.

Attorney(s) appearing for the Case

Charles Tiefer, with whom David E. Frulla, Andrew D. Herman, Brand & Frulla, PC, H. Reed Witherby, and Smith & Duggan, LLP were on brief, for appellants.

Anton P. Giedt, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, and Caroline Park, Office of General Counsel, NOAA/NMFS, were on brief, for appellee Evans.

Jay S. Johnson, with whom Ball Janik, LLP was on brief, for appellees General Category Tuna Association et al.

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

SELYA, Circuit Judge.

This appeal requires us to determine whether Congress intended to use an annual appropriations bill as a vehicle for enacting permanent law to abolish the use of "spotter planes" by tuna fishermen. The district court held that it did and entered judgment accordingly. Atl. Fish Spotters Ass'n v. Evans, 206 F.Supp.2d 81 (D.Mass.2002). Because the pertinent...

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