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FISHING CO. OF ALASKA, INC. v. U.S.

No. 02-35312.

333 F.3d 1045 (2003)

FISHING COMPANY OF ALASKA, INC., a Washington corporation; William McGill; Richard Joseph, Plaintiffs-Appellants, v. UNITED STATES of America; Department of Commerce; Stuart E. Eizenstat, Ambassador, Acting Secretary of Commerce in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 24, 2003.

Attorney(s) appearing for the Case

John R. Neeleman and Gwendolyn C. Payton, Lane Powell Spears Lubersky LLP, Seattle, Washington, for the appellants.

Lisa Jones and Michael R. Fisher, U.S. Department of Justice, Washington, D.C., for the appellees.

Before: HUG, B. FLETCHER, and McKEOWN, Circuit Judges.

OPINION

PER CURIAM.

The Fishing Company of Alaska, William McGill, and Richard Joseph appeal from the district court's order granting summary judgment for the United States. The appellants challenge the regulations establishing the Vessel Incentive Program ("VIP"), a fishery management plan created by the North Pacific Fishery Management Council ("The Council") as part of its responsibility under the Magnuson Stevens

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