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MASSACHUSETTS EX REL. DIV. OF MARINE v. GUTIERREZ

Civil Action No. 06-12110-EFH.

628 F.Supp.2d 239 (2009)

Commonwealth of MASSACHUSETTS by its DIVISION OF MARINE FISHERIES, and State of New Hampshire, by its Fish & Game Department, Division of Marine Fisheries, Plaintiffs v. Carlos M. GUTIERREZ, in his official capacity as Secretary of Commerce of the United States, et al., Defendants.

United States District Court, D. Massachusetts.

February 23, 2009.

Attorney(s) appearing for the Case

Christine A. Baily, Daniel J. Hammond, Attorney General's Office, Boston, MA, Peter C.L. Roth, Office of the Attorney General, Concord, NH, for Plaintiffs.

Kristen Byrnes Floom, U.S. Department of Justice, Washington, DC, for Defendants.

ORDER

HARRINGTON, Senior District Judge.

The court rules on Federal Defendants' Notice of Consideration of Mixed-Stock Exception (Docket No. 46).

The Federal Defendants state in their Notice that they "seriously considered and analyzed" the Mixed-Stock Exception, pursuant to the Court's Orders of January 26, 2009 and February 17, 2009. Importantly, the Federal Defendants further explain in their Notice that the National Marine Fisheries Service...

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