Johnson Oyster Company, Incorporated v. Baldridge

704 F.2d 1060 JOHNSON OYSTER COMPANY, INCORPORATED, a California corporation, et al., Plaintiffs-Appellants, v. MALCOLM BALDRIDGE, Secretary of Commerce, et al., Defendants-Appellees, and The State of California, et al., Real Parties in Interest-Appellees. No. 82-4413. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 14, 1983. Decided April 22, 1983. Appeal from the United States District Court for the Northern District of California. F. Robert Studdert, San Rafael, Cal., for plaintiffs-appellants. C. Joanne Whitt, San Francisco, Cal., for defendants-appellees. Before WRIGHT, CANBY and BOOCHEVER, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 Appellant oyster producers suffered serious losses because of an outbreak of paralytic shellfish poisoning (PSP). They filed suit challenging the Secretary's denial of the State of California's application for federal aid to restore the fisheries. They appeal from a dismissal for failure to state a claim upon which relief could be granted. 2 At issue here are the propriety of judicial review, the availability of mandamus relief, and the appellants' standing to sue. Our conclusions make it unnecessary to reach the…