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FISHERMEN v. SECRETARY

No. 10-2341.

635 F.3d 106 (2011)

GENERAL CATEGORY SCALLOP FISHERMEN, Appellant, v. SECRETARY, UNITED STATES DEPARTMENT OF COMMERCE; The National Oceanic and Atmospheric Administration; The National Marine Fisheries Service.

United States Court of Appeals, Third Circuit.

Filed: March 16, 2011.

Attorney(s) appearing for the Case

Patrick F. Flanigan, Esq. (Argued), Swarthmore, PA, for Plaintiff-Appellant.

Thekla Hansen-Young, Esq. (Argued), United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for Defendant-Appellee.

Before: McKEE, Chief Judge, SMITH, Circuit Judge, and STEARNS, District Judge.

OPINION

STEARNS, District Judge.

This appeal arises from a dispute over the right of fishermen to access the Atlantic Sea Scallop Fishery. At issue is an order of the United States District Court for the District of New Jersey denying summary judgment on all claims by Appellants, who are former general category scallop permit holders, while granting summary judgment on all claims to Appellees Gary Locke, in his capacity as Secretary of the United States...

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