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GULF FISHERMEN'S ASS'N v. GUTIERREZ

No. 07-12903.

529 F.3d 1321 (2008)

GULF FISHERMEN'S ASSOCIATION, Plaintiff-Appellant, v. Carlos M. GUTIERREZ, in his official capacity as Secretary of the United States Department of Commerce, National Oceanic and Atmosphere Administration, National Marine Fisheries Service, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 13, 2008.

Attorney(s) appearing for the Case

Gary Michael Mastry, II, Mike Mastry, Attorney & Counselor, P.A., St. Petersburg, FL, for Plaintiff-Appellant.

Stacey W. Person, U.S. Dept. of Justice, Washington, D.C., for Defendants-Appellees.

Before BARKETT, FAY and STAPLETON, Circuit Judges.

PER CURIAM:

Appellant, the Gulf Fishermen's Association ("GFA"), appeals the district court's order granting the Appellees' motion for summary judgment for lack of jurisdiction. The district court held that the GFA's complaint was time-barred under the limitations provision of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. §§ 1801 et seq. (the "Act"). On appeal, the GFA argues that its suit challenging Amendment 18A to the...

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