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LOBSTERS, INC. v. EVANS

No. CIV.A.03-11434-NMG.

346 F.Supp.2d 340 (2004)

LOBSTERS, INC., et al., Plaintiffs, v. Donald EVANS, Secretary of Commerce, et al., Defendants.

United States District Court, D. Massachusetts.

November 29, 2004.

Attorney(s) appearing for the Case

Jeffrey T. Angley, Phillips & Angley, Boston, MA, for Lobsters, Inc., Lawrence M. Yacubian, Plaintiffs.

Anton P. Giedt, United States Attorney's Office, Boston, MA, for United States of America, Charles Juliand, Donald Evans, Defendants.

MEMORANDUM & ORDER

GORTON, District Judge.

This case arises from an administrative decision rendered by the National Marine Fishery Service ("NMFS"), a division of the National Oceanic and Atmospheric Administration ("NOAA" or "the Agency") of the Department of Commerce, which assessed penalties against plaintiffs for fishing in a closed area and making a false statement to a United States Coast Guard ("USCG") officer. Plaintiffs claim that the $250...

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