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MESIAR v. HECKMAN

No. S-7892.

964 P.2d 445 (1998)

David MESIAR, in his official capacity, and State of Alaska, Department of Fish and Game, Petitioners, v. Art HECKMAN, Sr., Fred Lamont, Sr., and Martin Kelley, on behalf of themselves and all others similarly situated, Respondents.

Supreme Court of Alaska.

September 11, 1998.

Attorney(s) appearing for the Case

Gary M. Guarino and Venable Vermont, Jr., Assistant Attorneys General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Petitioners.

Russell L. Winner and Lisa H. Donnelley, Winner & Associates, P.C., Anchorage, and Myron Angstman, Angstman Law Office, Bethel, for Respondents.

Before MATTHEWS, C.J., and COMPTON, EASTAUGH, FABE and BRYNER, JJ.

OPINION

BRYNER, Justice.

I. INTRODUCTION

Art Heckman, Fred Lamont, and Martin Kelley (collectively Heckman) engage in commercial or subsistence fishing on the Yukon River drainage; on behalf of themselves and similarly situated resource users, they sued David Mesiar and the Alaska Department of Fish and Game (collectively ADF & G) for negligent operation of a sonar fish counter that ADF & G relied on to make fisheries closure...

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