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McLEARY v. DEP'T OF GAME

No. 45010.

91 Wn.2d 647 (1979)

591 P.2d 778

EDWARD J. McLEARY, Respondent, v. THE DEPARTMENT OF GAME, ET AL, Appellants.

The Supreme Court of Washington, En Banc.

As amended by Order April 6, 1979.

Attorney(s) appearing for the Case

Slade Gorton, Attorney General, and J. Lawrence Coniff, Jr., and David A. Bateman, Assistants, for appellants.

Collins & Hansen, by Clifton W. Collins and Karr, Tuttle, Koch, Campbell, Mawer & Morrow (Charles A. Kimbrough, of counsel), for respondent.

Slade Gorton, Attorney General, and Charles B. Roe, Jr., and Robert E. Mack, Assistants, amici curiae.

[As amended by order of the Supreme Court April 6, 1979.]

UTTER, C.J.

The Department of Game appeals from an adverse judgment by the Superior Court. That court enjoined establishment of a fish hatchery by Game upstream from one operated by respondent Edward J. McLeary until a permit is issued for Game's proposed hatchery by the Department of Ecology. In issuing its injunction the court rejected Game's claim of a water right to supply its planned hatchery independent...

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