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CONNECTICUT EX REL. BLUMENTHAL v. U.S.

No. 3:00CV1386DJS.

369 F.Supp.2d 237 (2005)

State of CONNECTICUT ex rel. Richard BLUMENTHAL, Plaintiff, v. UNITED STATES of America, United States Department of Commerce, Carlos M. Gutierrez, Secretary Defendants.

United States District Court, D. Connecticut.

May 18, 2005.

Attorney(s) appearing for the Case

Judith A. Merrill, Attorney General's Office Health & Human Services, Mark P. Kindall, Schatz & Nobel, P.C., Richard Blumenthal, Attorney General's Office Administration Dept., Sharon A. Scully, Attorney General's Office, Hartford, CT, James Richard Miron, Stratford, CT, for Plaintiff.

R. Justin Smith, U.S. Dept. of Justice Environment & Natural Resource Div., Washington, DC, Sharon A. Scully, Attorney General's Office Employment Rights, William A. Collier, U.S. Attorney's Office, Gregory A. Sharp, Murtha Cullina LLP, Anthony J. Palermino, Hartford, CT, Jennifer Morgan DelMonico, Murtha Cullina LLP, New Haven, CT, for Defendants.

MEMORANDUM OF DECISION

SQUATRITO, District Judge.

The State of Connecticut ("Connecticut") brings this action seeking to invalidate as unconstitutional 16 U.S.C. § 1854(f)(1)(A), a portion of the Magnuson-Stevens Act 16 U.S.C. § § 1851, et. seq. The United States of America and the United States Department of Commerce are named as defendants (collectively "the United States"). The defendants have moved for summary judgment [doc...

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