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DYE v. STATE

No. 5599.

650 P.2d 418 (1982)

Charles DYE, Michael Nixon, Kent Buffington and Howard G. Malcolm, Appellants, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

September 17, 1982.

Attorney(s) appearing for the Case

Daniel W. Westerburg, and Jeffrey B. Lowenfels, Birch, Horton, Bittner, Monroe, Pestinger & Anderson, Anchorage, for appellants.

W.H. Hawley, Asst. Atty. Gen., Office of Special Prosecutions and Appeals, Anchorage, and Wilson L. Condon, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

SINGLETON, Judge.

Dye, Nixon, Buffington, and Malcolm (the captain and members of the crew of the crab fishing boat Yankee Clipper) were charged in separate misdemeanor complaints with possession of undersized tanner crab in violation of 5 AAC 35.060(a).1 The complaints were based upon observations of Dan Dunaway, a shellfish biologist employed by the State Department of Fish and Game. All of the cases were consolidated...

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