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Drakes Bay Oyster Company's En Banc Rehearing Petition Deserves Denial
Dan Carlin
Following back-to-back losses in the Northern District of California and before a three-judge panel of the Ninth Circuit Court of Appeals, Drakes Bay Oyster Company (DBOC) has submitted its final petition to the Ninth Circuit, hoping it can block the Secretary of Interior’s November 2012 decision to let the oyster operation’s forty-year lease in Drakes Estero expire on its own terms. DBOC’s appeal likely will, and should, fail.

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