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MEDEIROS v. VINCENT

No. 04-1841.

431 F.3d 25 (2005)

Stephen P. MEDEIROS, Plaintiff, Appellant, v. Frederick J. VINCENT, Interim Director of the Rhode Island Department of Environmental Management, and Atlantic States Marine Fisheries Commission, Defendants, Appellees, and United States of America, Intervenor, Appellee.

United States Court of Appeals, First Circuit.

Decided December 12, 2005.

Attorney(s) appearing for the Case

Robert J. Caron, for appellant.

Paul A. Lenzini, with whom Gary Powers, Department of Environmental Management, and Terence Tierney, Department of Attorney General, were on brief, for appellees.

R. Justin Smith, Environmental and Natural Resources Division, U.S. Department of Justice, with whom Thomas L. Sansonetti, Assistant Attorney General, Andrew Mergen, and John A. Bryson, U.S. Department of Justice, were on brief, for intervenor, appellee.

Before BOUDIN, Chief Circuit Judge, CAMPBELL and CYR, Senior Circuit Judges.

CYR, Senior Circuit Judge.

Stephen P. Medeiros appeals from a district court order dismissing the complaint he filed against the Rhode Island Department of Environmental Management (DEM), the Atlantic States Marine Fisheries Commission (ASMFC), and the United States, challenging the constitutionality of a DEM regulation restricting the number of lobsters which may be harvested by methods other than lobster traps. We affirm the district court order.

I

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