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LITTLE BAY LOBSTER CO., INC. v. EVANS

No. 02-1864.

352 F.3d 462 (2003)

LITTLE BAY LOBSTER COMPANY, INC., et al., Plaintiffs, Appellants, v. Donald L. EVANS, Secretary of Commerce, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 19, 2003.

Attorney(s) appearing for the Case

Mark A. McSally with whom Kelly, Kelleher, Reilly & Simpson was on brief for appellants.

John A. Bryson with whom Kristen L. Gustafson, Department of Justice, Kelly Johnson, Acting Assistant Attorney General, Environment and Natural Resources Division, and Charles N. Lynch, Jr., Department of Commerce, National Oceanic and Atmospheric Administration, were on brief for appellee.

Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and SILER, Senior Circuit Judge.

BOUDIN, Chief Judge.

This is an appeal by a lobster dealer (Little Bay Lobster Company) and several lobster boat operators based in New Hampshire from a decision of the district court sustaining new federal regulations affecting the plaintiffs. For convenience, we refer to the appellants collectively as "Little Bay" in describing the claims presented on appeal and assume familiarity with earlier decisions cited below setting forth the legal and factual background...

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