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MASSACHUSETTS EX REL. DIV. OF MARINE FISH. v. GUTIERREZ

Civil Action No. 06-12110-EFH.

607 F.Supp.2d 284 (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.

April 14, 2009.

Attorney(s) appearing for the Case

Christine A. Baily, Massachusetts Attorney General's Office Boston, MA, for Plaintiff Commonwealth of Massachusetts.

Kristen Byrnes Floom, U.S. Department of Justice, Washington, DC, for Defendant National Marine Fisheries Service.

Daniel J. Hammond, Attorney General's Office, Boston, MA, for Plaintiff Commonwealth of Massachusetts.

Peter C.L. Roth, Office of the Attorney General, Concord, NH, for Plaintiff State of New Hampshire.

Peter Shelley, Conservation Law Foundation, Boston, MA, for Conservation Law Foundation.

ORDER OF DISMISSAL

HARRINGTON, Senior District Judge.

The court renders this action dismissed as moot. The states of Massachusetts and New Hampshire filed this action to challenge Framework 42, a fisheries regulation enacted by the United States Department of Commerce to conserve certain groundfish species. This action originally included eight (8) counts. The court has previously dismissed counts two and three on summary judgment, thereby leaving...

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