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DEP'T OF NAT. RESOURCES v. FRANCE

No. 1115, September Term, 1974.

28 Md. App. 110 (1975)

344 A.2d 193

DEPARTMENT OF NATURAL RESOURCES v. ELDRIDGE R. FRANCE.

Court of Special Appeals of Maryland.

Decided September 8, 1975.

Attorney(s) appearing for the Case

Warren K. Rich, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Henry R. Lord, Deputy Attorney General, on the brief, for appellant.

No appearance for appellee.

The cause was argued before ORTH, C.J., and MELVIN, J., and EDWARD F. BORGERDING, Administrative Judge of the District Court of Maryland for District 1, specially assigned.

MELVIN, J., delivered the opinion of the Court.

This appeal presents for determination the location of the jurisdictional water boundary between, Wicomico County and Somerset County.

The issue was spawned in November, 1974, when enforcement officers of the Department of Natural Resources (Department) apprehended the appellee and others allegedly using patent tongs to catch oysters in the Wicomico River near its confluence with the Nanticoke

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