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TUTEIN v. DALEY

No. CIV.A. 98-11034-MLW.

43 F.Supp.2d 113 (1999)

Jeffrey TUTEIN et al., Plaintiffs, v. William M. DALEY, United States Secretary of Commerce, Defendant.

United States District Court, D. Massachusetts.

March 17, 1999.

Attorney(s) appearing for the Case

David E. Frulla, Brand, Lowell & Ryan, P.C., Washington, DC, H. Reed Witherby, Smith and Duggan LLP, Boston, MA, for Jeffrey Tutein, Dorwin Allen, Raymond Kane, Ronald Marsh, Eric Hesse, Plaintiffs.

Mark A. Brown, U.S. Department of Justice, Wildlife & Marine Resources, Washington, DC, for William M. Daley, United States Secretary of Commerce, Defendant.

Bruce E. Falby, Hill & Barlow, Boston, MA, Stephen E. Roady, Earth Justice Legal Defense Fund, Washington, DC, National Audobon Society, interested party.

ORDER RE: DEFENDANT'S MOTION TO DISMISS (DOCKET ENTRY # 9); MOTION OF THE NATIONAL AUDUBON SOCIETY TO INTERVENE AS A DEFENDANT

(DOCKET ENTRY # 16)

BOWLER, United States Magistrate Judge.

Plaintiffs, five New England commercial fishermen of Atlantic Bluefin Tuna ("ABT"), seek declaratory and injunctive relief against defendant William M. Daley, Secretary of the Department of Commerce ("the Secretary"). Plaintiffs complain that...

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