ELSER v. GILL NET NUMBER ONE

Docket Nos. 23058, 23059.

246 Cal.App.2d 30 (1966)

54 Cal. Rptr. 568

WILLIAM F. ELSER et al., as Fish and Game Commissioners, etc., Plaintiffs and Appellants, v. GILL NET NUMBER ONE, Defendant; GROVER REED, Intervener and Respondent. WILLIAM F. ELSER et al., as Fish and Game Commissioners, etc., Plaintiffs and Appellants, v. GILL NET NUMBER ONE, Defendant; DEWEY GEORGE, Intervener and Respondent. (Consolidated Cases.)

Court of Appeals of California, First District, Division Two.

October 31, 1966.


Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Ralph W. Scott and Roderick Walston, Deputy Attorneys General, for Plaintiffs and Appellants.

Faulkner, Sheehan & Wiseman and William C. Wunsch for Interveners and Respondents.


TAYLOR, J.

On this appeal by the State from adverse judgments in these consolidated actions to forfeit defendant gill nets,1 the only question is whether the trial court properly concluded that interveners and respondents Grover Reed and Dewey George (hereafter interveners) are exempt from the provisions of the Fish and Game Code pursuant to section 12300 of that code.2

The basic facts are not disputed...

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