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C & W FISH CO., INC. v. FOX

Civ. A. No. 90-1123 JGP.

745 F.Supp. 6 (1990)

C & W FISH COMPANY, INC., et al., Plaintiffs, v. William W. FOX, Jr., Assistant Administrator for Fisheries National Oceanic and Atmosphere Administration, et al., Defendants, and State of Florida Marine Fisheries Commission and Coastal Conservation Association, Defendant Interveners.

United States District Court, District of Columbia.

August 9, 1990.

Attorney(s) appearing for the Case

Eldon V.C. Greenberg, Washington, D.C., for plaintiffs.

Robert George Hayes, Charles Ray Shockey, Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM

JOHN GARRETT PENN, District Judge.

The plaintiffs filed this action on May 14, 1990 pursuant to the Magnuson Fishery Conservation and Management Act (MFCMA), 16 U.S.C. § 1801 et seq., challenging defendants' prohibition on the use of drift gillnets1 in the fishery for the Atlantic migratory group of king mackerels, as published in 55 Fed.Reg. 14833 (1990), hereinafter, sometimes referred to as the "Challenged...

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