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UFO CHUTING OF HAWAII, INC. v. SMITH

No. 05-16545.

508 F.3d 1189 (2007)

UFO CHUTING OF HAWAII, INC., a Hawaii corporation; K.M.B.S., Inc., a Hawaii corporation d/b/a Kaanapali Tours, Plaintiffs-Appellants, v. Allan A. SMITH, in his capacity as Chair of the Board of Land and Natural Resources, State of Hawaii, and Acting Director of the Department of Land and Natural Resources, State of Hawaii; Stephen Thompson; Ed Underwood, in his capacity as Administrator, Division of Boating and Ocean Recreation, Department of Land and Natural Resources, State of Hawaii, Defendants-Appellees, United States Department of Commerce; National Marine Fisheries Service, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 28, 2007.

Attorney(s) appearing for the Case

Dennis Niles, Paul, Johnson, Park & Niles, Wailuku, HI, for the plaintiffs-appellants.

William J. Wynhoff, Deputy Attorney General, Department of the Attorney General, State of Hawaii, Honolulu, HI, for the defendants-appellees.

Before: DAVID R. THOMPSON, MARSHA S. BERZON, and RICHARD C. TALLMAN, Circuit Judges.

TALLMAN, Circuit Judge:

UFO Chuting of Hawaii, Inc. and K.M.B.S., Inc. (collectively "UFO") appeal the district court's summary judgment in favor of Defendants, the State of Hawaii and the United States as Intervenor (collectively "State"). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. We hold that UFO's right to operate vessels under its federal maritime coasting licenses does not preempt Hawaii law prohibiting parasailing off the coast of Maui...

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