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SEA HAWK SEAFOODS, INC. v. LOCKE

No. 07-35754.

568 F.3d 757 (2009)

SEA HAWK SEAFOODS, INC., an Alaska corporation; Non-AFA Processors Association, Plaintiffs-Appellants, v. Gary F. LOCKE, in his official capacity as United States Secretary of Commerce; United States Department of Commerce; National Oceanic and Atmospheric Administration; National Marine Fisheries Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 17, 2009.

Attorney(s) appearing for the Case

Leonard J. Feldman, Michael T. Shein, Kevin P. Sullivan, Seattle, WA, on behalf of appellants Sea Hawk Seafoods, Inc. and the Non-AFA Processors Association.

Anna T. Katselas, United States Department of Justice, Washington, D.C., on behalf of appellees Gary F. Locke, United States Secretary of Commerce; United States Department of Commerce; National Oceanic and Atmospheric Administration; and National Marine Fisheries Service.

Before: RONALD M. GOULD, RICHARD C. TALLMAN and CONSUELO M. CALLAHAN, Circuit Judges.

CALLAHAN, Circuit Judge:

Sea Hawk Seafoods, Inc. ("Sea Hawk") and the Non-AFA Processors Association (collectively, "Plaintiffs") appeal the district court's dismissal of their claims against the United States Secretary of Commerce ("Secretary"), United States Department of Commerce ("Commerce Department"), National Oceanic and Atmospheric Administration ("NOAA"), and National Marine Fisheries Service ("NMFS"). We consider...

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