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NOE v. HENDERSON

No. 3:04CV00406 JLH.

373 F.Supp.2d 939 (2005)

W.H. (Dutch) NOE, d/b/a Ducks & Ducks, Inc.; Tommy Taggart, d/b/a Mallard Magic; and Brian Herndon, d/b/a Big Creek Hunting, Plaintiffs v. Scott HENDERSON, In His Official Capacity as Director of the Arkansas Game and Fish Commission, Defendant.

United States District Court, E.D. Arkansas, Jonesboro Division.

June 7, 2005.

Attorney(s) appearing for the Case

James F. Swindoll, Attorney at Law, Little Rock, AR, Paul Douglas Mays, Attorney at Law, Benton, AR, for Plaintiffs.

Robert K. Jackson, James Felix Goodhart, Arkansas Game Fish, G. Alan Perkins, James D. Rankin, III, Perkins & Trotter, PLLC, Little Rock, AR, for Defendant.

OPINION AND ORDER

HOLMES, District Judge.

The issue in this case is whether certain provisions of Section 15.00 of the Arkansas Game and Fish Commission Code are preempted by the Migratory Bird Treaty Act, 16 U.S.C. § 703 et seq. and 50 C.F.R. § 21.13. The parties have filed cross-motions for summary judgment (Docket # 4 and Docket # 19).

I.

A court should grant summary...

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