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INTER-COOPERATIVE EXCHANGE v. DEPT. OF COMMERCE

No. 20-35171.

36 F.4th 905 (2022)

INTER-COOPERATIVE EXCHANGE, an Alaska cooperative corporation, Plaintiff-Appellant, v. 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 7, 2022.

Attorney(s) appearing for the Case

Michelle DeLappe (argued), Fox Rothschild LLP, Seattle, Washington, for Plaintiff-Appellant.

Casen B. Ross (argued) and Daniel Tenny , Appellate Staff; Bryan Schroder , United States Attorney; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Spencer Nathan Thal , Vanguard Law, Poulsbo, Washington, for Amicus Curiae Deep Sea Fisherman's Union of the Pacific.

Dissent by Judge Tallman.

OPINION

In this case, crab fishers pull their nets from the water and cast them for government documents. Inter-Cooperative Exchange ("ICE"), a cooperative of fishers who harvest and deliver crab off the coast of Alaska, relies on an arbitration system to set the price of crab. After the government decided not to...

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