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McCRARY v. GUTIERREZ

No. C O6-04174 JW.

528 F.Supp.2d 995 (2007)

Homer T. McCRARY, Plaintiff, v. Carlos M. GUTIERREZ, et al., Defendants.

United States District Court, N.D. California, San Jose Division.

December 6, 2007.

Attorney(s) appearing for the Case

Andrea M. Miller, Nageley, Meredith & Miller, Inc., Sacramento, CA, James L. Buchal, Attorney at Law, Portland, OR, for Plaintiff.

Robert Pendleton Williams, U.S. Department of Justice, Washington, DC, for Defendants.

ORDER DISMISSING PLAINTIFF'S AMENDED COMPLAINT

JAMES WARE, District Judge.

I. INTRODUCTION

Homer T. McCrary ("Plaintiff') filed this action against Carlos M. Gutierrez,1 the National Marine Fisheries Service ("NMFS"), and Russ M. Strach (collectively, "Defendants"),2 alleging Defendants acted contrary to the procedural provisions of the Endangered Species Act ("ESA"), 16 U.S.C. &...

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