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ASSOCIATED FISHERIES OF MAINE, INC. v. EVANS

No. 04-CV-108-P-S.

350 F.Supp.2d 247 (2004)

ASSOCIATED FISHERIES OF MAINE, INC., Plaintiff, v. Donald L. EVANS, Secretary of the United States Department of Commerce Defendant.

United States District Court, D. Maine.

December 21, 2004.

Attorney(s) appearing for the Case

H. Reed Witherby, Smith & Duggan, LLP, Boston, MA, Kate S. Debevoise, Bernstein, Shur, Sawyer, & Nelson, Portland, ME, for Associated Fisheries of Maine, Inc.

Adam Issenberg, U.S. Department of Justice, Environmental & Natural Resources Div, Benjamin Franklin Station, Washington, DC, Coby H. Howell, U.S. Department of Justice, Environmental & Natural Resources Div, Benjamin Franklin Station, Washington, DC, for Secretary of U.S. Department of Commerce.

Gary C. Wood, City of Portland, Portland, ME, for City of Portland.

ORDER

SINGAL, Chief Judge.

Before the Court is Plaintiff's Motion for Summary Judgment (Docket # 35) and Defendant's Cross Motion for Summary Judgment (Docket # 42). After reviewing the parties' submissions, the Court DENIES Plaintiff's Motion for Summary Judgment and GRANTS Defendant's Cross Motion for Summary Judgment for the reasons explained below.

Plaintiff Associated Fisheries of Maine ("AFM") brought this suit against Secretary of Commerce...

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