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AIKENS v. DEPT. OF CONSERVATION

No. 28 October Term 1971, Docket No. 53,165.

387 Mich. 495 (1972)

198 N.W.2d 304

AIKENS v. DEPARTMENT OF CONSERVATION

Supreme Court of Michigan.

Decided June 20, 1972.

Attorney(s) appearing for the Case

Abba I. Friedman, for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Jerome Maslowski and Curtis G. Beck, Assistants Attorney General, for defendant.

SWAINSON, J.

Plaintiffs are commercial perch fishermen who pursue this occupation in the Saginaw Bay area. In the summer of 1965, officers of the Michigan Department of Conservation* seized certain catches of perch taken by the fishermen on the basis that the fish were undersize and, therefore, illegal under MCLA 308.14(d); MSA 13.1505(d).

Plaintiffs instituted suit in the Court of Claims seeking $6,000 in damages, alleging that...

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