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TUTEIN v. DALEY

No. CIV.A. 98-11034-MBB.

116 F.Supp.2d 205 (1999)

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

United States District Court, D. Massachusetts.

April 12, 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, Benjamin Franklin Station, Washington, DC, Bruce E. Falby, Hill & Barlow, Boston, Stephen E. Roady, EarthJustice Legal Defense Fund, Washington, DC, for William M. Daley, United States Secretary of Commerce, Defendants.

ORDER RE: DEFENDANT'S MOTION TO DISMISS (DOCKET ENTRY # 9)

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"). On March 17, 1999, this court allowed the Secretary's motion to dismiss Count I and deferred a ruling on the motion to dismiss counts II and...

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