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UNITED STATES v. HELSLEY

No. 79-1100.

615 F.2d 784 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Sheldon C. G. HELSLEY, Orville B. Jones and Jerry A. Shipman, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

November 16, 1979.

Attorney(s) appearing for the Case

Robert L. Zimmerman, Asst. U. S. Atty., Billings, Mont., Daniel K. Mayers, Washington, D. C., on brief, James W. Moorman, Asst. Atty. Gen., Washington, D. C., for plaintiff-appellant.

Blair Jones, Willis B. Jones, Billings, Mont., for defendants-appellees.

Before MERRILL and KENNEDY, Circuit Judges, and WILLIAMS, District Judge.

KENNEDY, Circuit Judge:

This appeal by the United States presents the question of the constitutionality of the Airborne Hunting Act of 1971, Pub.L.No.92-159, 85 Stat. 480 (codified at 16 U.S.C. § 742j-l (1976)). The appellees were charged with shooting a coyote from an aircraft in violation of the Act. The United States District Court for the District of Montana found the Act unconstitutional as "an impermissible and invalid preemption of a regulatory power plainly...

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