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SCALLOP FISHERMEN v. U.S. DEPT. OF COMMERCE

Civil Action No. 08-2264 (MLC).

720 F.Supp.2d 564 (2010)

GENERAL CATEGORY SCALLOP FISHERMEN, Plaintiffs, v. SECRETARY OF UNITED STATES DEPARTMENT OF COMMERCE, et al., Defendants.

United States District Court, D. New Jersey.

April 14, 2010.

Attorney(s) appearing for the Case

Patrick F. Flanigan, Law Office of Patrick Flanigan, Swarthmore, PA, for Plaintiffs.

Bradley H. Oliphant, United States Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

COOPER, District Judge.

Plaintiffs, former general category scallop permit holders, brought this action against the Secretary of the United States Department of Commerce ("Secretary"), the National Oceanic and Atmospheric Administration ("NOAA"), and the National Marine Fisheries Service ("NMFS" and, collectively, "defendants"). (Dkt. entry no. 21, 2d Am. Compl. at 1.) Plaintiffs challenge a final rule issued by the NMFS on behalf of the...

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