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STATE v. ALEXANDER

Nos. G-77-104; G-78-43 to G-78-45; G-77-103; G-78-39 to G-78-41 and G-77-105; G-78-46 to G-78-48; CA 13568.

607 P.2d 181 (1980)

44 Or.App. 557

STATE of Oregon, Appellant, v. Leo ALEXANDER, Respondent. State of Oregon, Appellant, v. CLIFFORD ALEXANDER, Respondent. State of Oregon, Appellant, v. MICHAEL A. BRISBOIS, Respondent.

Court of Appeals of Oregon.

Decided February 19, 1980.

Attorney(s) appearing for the Case

Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on the briefs were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Edward J. Jones, Oregon City, argued the cause and filed the brief for respondents.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.

BUTTLER, Presiding Judge.

In these cases, which were consolidated below, the defendants, who claim to be enrolled members of the Yakima tribe, were cited by both Washington and Oregon authorities for allegedly violating a variety of statutes which regulate fishing. Oregon authorities cited each defendant for fishing during a closed season, see ORS 506.129, ORS 509.011(1)(c), OAR 635-35-200, operating a set net during a closed season, see ORS 509.011...

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