Cappaert v. United States: Oral Argument - January 12, 1976; Oyez

Oyez; Cappaert v. United States

Oral Argument - January 12, 1976

"Warren E. Burger

We will hear arguments next in Nevada against the United States, consolidated with Cappaert against the United States. 

Mr. Lionel, you may proceed when you are ready. 

Samuel S. Lionel

Mr. Chief Justice and may it please the Court. 

This case presents dramatic features of both fact and law, but it can be decided on a narrow basis. 

[Bold added] Factually, this case presents a contest between two endangered species. 

On the one hand, the individual farm operator of the United States whose numbers decline no less than 40% between the years 1959 and 1969 and on the other hand a species of fish known as cyprinodon diabolis."