Half Moon Bay Fishermen's Marketing Association v. Carlucci

857 F.2d 505 HALF MOON BAY FISHERMANS' MARKETING ASSOCIATION, Steve Fitz, James Matkin Buskirk, Michael McHenry, John Szostak, Harold Janniro, Steve Trusso, and Don Dodson, Plaintiffs-Appellants, v. Frank CARLUCCI, in his capacity as Secretary of Defense, John O. Marsh, Jr., in his capacity as Secretary of the Army, Lt. General E.R. Heiberg, III, in his capacity as Commanding General of the Army Corps of Engineers, the United States Army Corps of Engineers; Port of Oakland, and the Board of Port Commissioners, Defendants-Appellees. No. 88-2606. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1988. Decided May 27, 1988. Amended June 3, 1988. Second Amended Sept. 15, 1988. Roger Beers and Cynthia Koehler, San Francisco, Cal., for plaintiffs-appellants. Francis B. Boone, Asst. U.S. Atty., San Francisco, Cal., for federal defendants-appellees. Charles S. Barquist, Morrison & Foerster, San Francisco, Cal., for defendants-appellees Port of Oakland and Bd. of Port Com's. Appeal from the United States District Court for the Northern District of California. Before HUG, BRUNETTI and NOONAN, Circuit Judges. BRUNETTI, Circuit Judge: 1 The plaintiffs, Half Moon…