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TEPLEY v. NATIONAL OCEANIC ATMOSPHERIC ADMIN.

No. C-95-0844 SI.

908 F.Supp. 708 (1995)

Lee TEPLEY, Plaintiff, v. NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION, Defendant.

United States District Court, N.D. California.

November 28, 1995.

Attorney(s) appearing for the Case

Charles G. Miller and Christopher D. Sullivan, Bartko Zankel Tarrant & Miller, San Francisco, CA, for Lee Tepley.

James A. Coda, U.S. Attorney's Office, San Francisco, CA, Michael J. Yamaguchi, U.S. Attorney's Office, Civil Division, San Francisco, CA, James C. Kilbourne, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, Lois J. Schiffer, U.S. Department of Justice, Environment & Natural Resources Division, General Litigation Section, Washington, DC, Lyn Jacobs, U.S. Department of Justice, Wildlife and Marine Resources Section, Washington, DC, for National Oceanic and Atmospheric Administration.

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

ILLSTON, District Judge.

On November 3, 1995, the Court heard argument on the plaintiff's motion for summary judgment. Having considered the arguments of counsel and the papers submitted, the Court hereby GRANTS the plaintiff's motion.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

On May 10, 1992, plaintiff, Lee...

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