SEACOAST PRODUCTS, INC. v. DOUGLAS

Civ. A. No. 75-69-NN.

432 F.Supp. 1 (1975)

SEACOAST PRODUCTS, INC., the New Smith Meal Company, Inc., and Second Oceanic Corporation, Plaintiffs, v. James E. DOUGLAS, Jr., Commissioner, Virginia Marine Resources Commission, Defendant.

United States District Court, E. D. Virginia.

Decided November 7, 1975.


Attorney(s) appearing for the Case

T. H. Willcox, Jr., Willcox, Savage, Lawrence, Dickson & Spindle, Norfolk, Va., for plaintiffs.

James E. Moore, Asst. Atty. Gen., Richmond, Va., Andrew P. Miller, Atty. Gen., Richmond, Va., for defendant.

Before BRYAN, Senior Circuit Judge, and KELLAM and MacKENZIE, District Judges.


ALBERT V. BRYAN, Senior Circuit Judge:

In question here is the constitutionality of two Virginia statutes restricting the fishing of menhaden in her part of Chesapeake Bay and in the Atlantic Ocean within three miles1 of her coast. Plaintiffs, Seacoast Products, Inc., The New Smith Meal Company, Inc., and Second Oceanic Corporation, now and for a number of years engaged in such fishing in these areas, sue the Virginia Commissioner of Marine...

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