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TINGLEY v. BROWN

No. 57526.

380 So.2d 1289 (1980)

Captain Ralph C. TINGLEY, District 9 Supervisor, Florida Marine Patrol, and State of Florida Department of Natural Resources, Appellants, v. Loren BROWN and Archie C. McMullen, Appellees.

Supreme Court of Florida.

March 6, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Martin S. Friedman, Asst. Atty. Gen., Tallahassee, for appellants.

Thomas J. Sireci, Jr. of Horan & Sireci, Key West, for appellees.

PER CURIAM.

The state Department of Natural Resources appeals a trial court order declaring unconstitutional portions of chapter 370, Florida Statutes (1977). This Court has jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution.

During the summer of 1978, Florida Marine Patrol officers arrested appellees Brown and McMullen, commercial fishermen, for possession of undersized crawfish in violation of section 370.14, Florida Statutes. Appellees...

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