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DIEHL v. FRANKLIN

Civ. No. 92-4084 (GEB).

826 F.Supp. 874 (1993)

Roy R. DIEHL, Plaintiff, v. Barbara H. FRANKLIN, Secretary of Commerce, Defendant.

United States District Court, D. New Jersey.

July 15, 1993.

Attorney(s) appearing for the Case

Ronald E. Reisner, Tucci and Reisner, West Long Branch, NJ, David E. Frolla, Brand & Lowell, Washington, DC (argued), for plaintiff Roy Diehl.

Michael Chertoff, U.S. Atty., D. N.J., Irene Dowdy, Asst. U.S. Atty., Patricia Kraniotis, NOAA Office of Gen. Counsel, Silver Spring, MD (argued), for defendant Secretary of Commerce.

MEMORANDUM AND ORDER

GARRETT E. BROWN, Jr., District Judge.

This is an action under 16 U.S.C. § 1858(b) for review of a $10,000 civil penalty imposed on plaintiff Roy R. Diehl. The National Oceanic and Atmospheric Administration ("NOAA" or "the agency"), a federal agency within the Department of Commerce responsible for enforcing the Magnuson Fishery Conservation and Management Act, 16 U.S.C. §§ 1801-1882 ("the Act"), imposed the penalty on...

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