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McGOWAN & SONS v. VAN WINKLE

No. 8909.

21 F.2d 76 (1927)

P. J. McGOWAN & SONS, Inc., v. VAN WINKLE, Atty. Gen. of Oregon, et al.

District Court, D. Oregon.

June 27, 1927.

Attorney(s) appearing for the Case

W. B. McCord (of Kerr, McCord & Ivey), of Seattle, for complainant.

I. H. Van Winkle, of Salem, Or., A. E. Clark, of Portland, Or., and James W. Mott, of Astoria, Or., for defendants.

Before GILBERT, Circuit Judge, and BEAN and McNARY, District Judges.

BEAN, District Judge.

The plaintiffs and interveners are and have been for some years the owners and operators of sundry fish wheels and fish seines located and operated on the Oregon side of the Columbia river, for the taking of fish for commercial purposes. The wheels are stationary structures fixed to the soil. Seines are appliances depending on the use of the soil for their operation. In November, 1926, the people of the...

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