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CORSA v. TAWES

Civ. A. No. 9077.

149 F.Supp. 771 (1957)

C. Boyd CORSA, Fish Products Company of New Jersey, A New Jersey Corporation, Atlantic Navigation Company, A New Jersey Corporation, Seacoast Products, Inc., A Delaware Corporation, and Fish Products Company, A Delaware Corp., et al., Plaintiffs, v. John P. TAWES, Fred P. Glose and John R. Jewell, constituting the Commission of Tidewater Fisheries of Maryland, and Daniel T. Prettyman, State's Attorney for Worcester County, Maryland, Defendants.

United States District Court D. Maryland.

March 27, 1957.

Attorney(s) appearing for the Case

William H. Price, Staton, Whaley & Price, Snow Hill, Md., for plaintiffs.

Ambler H. Moss, Baltimore, Md., Ammon G. Dunton, C. Jackson Simmons, Whitestone, Va., Semmes, Bowen & Semmes, Baltimore, Md., for intervenors.

C. Ferdinand Sybert, Elliott City, Md., Edward S. Digges, La Plata, Md., Alexander Harvey, II, Baltimore, Md., for defendants.

Before SOBELOFF, Circuit Judge, and CHESNUT and THOMSEN, District Judges.

SOBELOFF, Circuit Judge.

By this suit an individual Delaware plaintiff and corporate plaintiffs of New Jersey and Delaware challenge the constitutionality of certain provisions of Maryland's fishing laws. Two sections of the law are under attack: one, Section 259 of Article 66C of the Annotated Code of Maryland 1951, prohibits the use of purse nets in any of the tidal waters of the State; the other, Section 258, excludes non-residents from fishing privileges in Maryland...

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