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STATE v. WESTSIDE FISH COMPANY

No. 1288; CA 13991.

608 P.2d 562 (1980)

45 Or.App. 245

STATE of Oregon, Respondent, v. WESTSIDE FISH COMPANY, Appellant.

Court of Appeals of Oregon.

Decided March 17, 1980.

Attorney(s) appearing for the Case

M.D. Van Valkenburgh, The Dalles, argued the cause for appellant. With him on the brief was Heisler, Van Valkenburgh & Coats, The Dalles.

W. Benny Won, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and RICHARDSON and JOSEPH, JJ.

JOSEPH, Judge.

Defendant was convicted by a jury of possession by a wholesale fish dealer of fish taken for ceremonial purposes. OAR 635-41-040(3)(c).1 Defendant contends that Westside Fish Company is merely an assumed business name, not a legal entity, and so cannot be held criminally culpable under ORS 161.095(1)2 and ORS 161.015(5).3

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