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HEALEY v. BENDICK

Civ. A. No. 85-0341-S.

628 F.Supp. 681 (1986)

Charles HEALEY, Sr., d/b/a Healey's Shellfish, Plaintiff, v. Robert L. BENDICK, Jr., individually and in his capacity as the Director of the Department of Environmental Management, and as Chairperson of the Marine Fisheries Council, Joseph Dawson, Jr., Francis B. Manchester, George Mendosa, Louis Othote, Michael Parascandolo, Dr. Saul Saila, Robert Randall, Robert Smith, individually and as members of the Marine Fisheries Council, and Arlene Violet as Attorney General for the State of Rhode Island, Defendants.

United States District Court, D. Rhode Island.

February 12, 1986.

Attorney(s) appearing for the Case

Revens & DeLuca, Ltd., Amato A. DeLuca, Sandra A. Blanding, Providence, R.I., for plaintiff.

Charles C. McKinley, Chief Legal Counsel, R.I. Dept. of Environmental Management, Providence, R.I., for defendants Bendick and Dept. of Environmental Management.

Arlene Violet, Atty. Gen. of R.I., Timothy F. Mullaney, Linda E. Buffardi, Steven Mignano, Sp. Asst. Attys. Gen., Providence, R.I., for defendant Violet, MFC, and Members of MFC.

OPINION AND ORDER

SELYA, District Judge.

This is a civil action for declaratory and mandatory injunctive relief and for compensatory damages. At bottom, the case presents a direct and robust challenge to the ligitimacy of important elements of Rhode Island's statutory and administrative mechanism for the management and conservation of certain marine resources.

Suit was brought in this court on June 7, 1985 by Charles Healey, Sr. (Healey), as plaintiff...

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