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WONG v. BUSH

No. 07-16799.

542 F.3d 732 (2008)

Megan WONG; Noelle Wong; Ka'Iulani Edens; Jesse Brown-Clay; Marcia Sacco; Wendy Raebeck; Jeff Sacher; Lea Taddonio; Richard Coon; Andrea Brower; Fabienne Christe; Kamei Trinque; Fern Anuenue Holland; Jay H. Taylor; Star Newland; Barbara Wiedner; Lee Tepley; Paul Doubleday Massey; David Richard Mireles; Michial Freigang; Jonathan Jay; Cory (Martha) Harden, Plaintiffs-Appellants, v. George W. BUSH, Jr., President of the United States of America and Commander in Chief, Armed Forces of the United States; Michael Chertoff, Secretary of United States Department of Homeland Security; Thad W. Allen, Commandant United States Coast Guard; Sally Brice-Ohara, Rear Admiral United States Coast Guard, Command of the 14th District, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2008.

Attorney(s) appearing for the Case

Lanny Sinkin, Hilo, HI, for the plaintiffs-appellants.

Edward H. Kubo, Jr., United States Attorney, Lawrence L. Tong and Derrick K. Watson, Assistant United States Attorneys, Honolulu, HI, for the defendants-appellees.

Before: DAVID R. THOMPSON and KIM McLANE WARDLAW, Circuit Judges, and SUSAN R. BOLTON, District Judge.

WARDLAW, Circuit Judge:

Plaintiff-Appellants ("Appellants"), many of whom participated in protests on August 26 and 27, 2007, oppose the Hawaii Superferry's ("HSF") operation to the Nawiliwili Harbor in Kauai, Hawaii, alleging that it is illegal. Appellants appeal the district court's denial of their motion for declaratory relief, a temporary restraining order, a preliminary injunction, and a permanent injunction. They contend that by establishing a security zone...

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