United States Federal Circuit

Government's prohibition on drift gillnet swordfishing did not "take" any of a swordfisherman's property, thus his claim for economic value of his swordfishing permit, vessel, and gear under the taking clause of the Fifth Amendment was properly dismissed.

Appellate Information

• Decided 05/29/2002
• Published 05/29/2002

Judges

• SCHALL, Circuit Judge., Before NEWMAN, CLEVENGER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Paul Antinori, of North Andover, MA, argued or plaintiff-appellant.


• For Appellees:
  
• Marian E. Sullivan, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and Deborah A. Bynum, Assistant Director.   Of counsel on the brief were Mariam McCall and Deborah Ben-David, Office of the General Counsel, National Oceanic and Atmospheric Administration, Department of Commerce, of Silver Spring, MD.