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ANIMAL PROTECTION INSTITUTE v. MARTIN

No. CV-06-128-B-W.

511 F.Supp.2d 196 (2007)

ANIMAL PROTECTION INSTITUTE, Plaintiff v. Roland D. MARTIN, Commissioner of the Maine Department of Inland Fisheries and Wildlife, Defendant.

United States District Court, D. Maine.

September 24, 2007.

Attorney(s) appearing for the Case

Bruce M. Merrill, Portland, ME, James J. Tutchton, Environmental Law Clinic, Denver, CO, David A. Nicholas, David A. Nicholas, Esq., Newton, MA, for Plaintiff.

Christopher C. Taub, Maine Attorney General's Office, Augusta, ME, for Defendant.

James H. Lister, William P. Horn, Birch, Horton, Bittner & Cherot, Barbara A. Miller, Laurence J. Lasoff, Kelley Drye & Warren, Washington, DC, Phillip D. Buckley, Rudman & Winchell, Bangor, ME, for Intervenor Defendants.

Douglas S. Burdin, Safari Club International, Washington, DC, Eugene C. Coughlin, Seth D. Harrow, Vafiades, Brountas & Kominsky, Bangor, ME, for Amicus.

ORDER ON MOTION IN LIMINE

JOHN A. WOODCOCK, Jr., District Judge.

In a case involving the Endangered Species Act (ESA), the Court denies the Animal Protection Institute's (API) motion in limine to exclude as a matter of law the Court's consideration of the balance of relative hardships from the traditional fourfactor analysis for determining whether to issue an injunction.

I. BACKGROUND

Traditionally, a court is...

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