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ATLANTIC CAPES FISHERIES, INC. v. GUTIERREZ

No. 2:06 CV 24 BO, 2:05 CV 10 BO.

474 F.Supp.2d 768 (2007)

ATLANTIC CAPES FISHERIES, INC., Plaintiff, v. Carlos M. GUTIERREZ, as the Secretary of Commerce, Patricia Kurkul, as the Regional Administrator for the National Marine Fisheries Service, and F/V Capt. Dylan, Inc., Defendants. Caterpillar Financial Services Corporation, Plaintiff, v. The F/V Site Clearance I, her engines, tackle, appurtenances, equipment, cables, apparel, fishing permits, furniture, and necessaries appertaining thereto, in rem, et al., Defendants.

United States District Court, E.D. North Carolina, Northern Division.

February 21, 2007.

Attorney(s) appearing for the Case

Stevenson L. Weeks, Wheatly, Wheatly, Nobles, Weeks, Valentine & Lupton, P.A., Beaufort, for Atlantic Capes Fisheries, Inc., Plaintiff.

Andrew Hanley, Crossley McIntosh Prior & Collier, Wilmington, for Carlos M. Gutierrez as the Secretary of Commerce, Patricia A. Kurkul as the Regional Administrator for the National Marine Fisheries Service, F/V Capt Dylan, Inc., Defendants.

ORDER

BOYLE, District Judge.

This matter is before the Court on two separate but identical motions. In both Atlantic Capes Fisheries, Inc. v. Gutierrez and the parallel case of Caterpillar v. F/V Site Clearance I, F/V Capt. Dylan, Inc. ("Capt.Dylan") has moved to stay the return of certain fishing permits to Atlantic Capes Fisheries, Inc. ("Atlantic Capes"), pending the outcome of two separate appeals by Capt. Dylan to the United States...

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