Legal Opinion
Johnson Oyster Co. v. Malcolm Baldridge
Court of Appeals for the Ninth Circuit
Decided April 22, 1983No. 82-4413PublishedCited by 2 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
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.
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 standing issue.
FACTS
A 1980 outbreak of PSP rendered…
2Cases cited6 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- City of Santa Clara v. AndrusCourt of Appeals for the Ninth Circuit · 1978
- Ness Investment Corporation, and Canyon Lake Resort, Inc. v. United States Department of Agriculture, Forest Service, and Fred Wirth, ForestsupervisorCourt of Appeals for the Ninth Circuit · 1975
- East Oakland-Fruitvale Planning Council, a Nonprofit California Corporation v. Donald Rumsfeld, Director, Office of Economic OpportunityCourt of Appeals for the Ninth Circuit · 1972
- Nova Stylings, Inc., a California Corporation v. David L. Ladd, Register of CopyrightsCourt of Appeals for the Ninth Circuit · 1983
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3Cited by2 opinions
- United States v. Louisiana-Pacific Corp.District Court, D. Oregon · 1983
- Johnson Oyster Company, Incorporated v. BaldridgeCourt of Appeals for the Ninth Circuit · 1983