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STATE v. BERNARD

No. 4591.

625 P.2d 311 (1981)

STATE of Alaska, Appellant, v. Robert BERNARD, Rene Hernandez, and Roland Voisine, Appellees.

Supreme Court of Alaska.

March 20, 1981.

Attorney(s) appearing for the Case

John G. Gissberg, Asst. Atty. Gen., Anchorage, and Avrum M. Gross, Atty. Gen., Juneau, for appellant.

Stephen Alan McAlpine and James D. Ginotti, Law Offices of James D. Ginotti, Valdez, for appellees.

Before RABINOWITZ, C.J., CONNOR, BURKE and MATTHEWS, JJ., and DIMOND, Senior Justice.

OPINION

PER CURIAM.

The decision of the superior court is affirmed for the reasons expressed therein. The decision is set forth in the Appendix.

AFFIRMED.

RABINOWITZ, C.J., dissents.

RABINOWITZ, Chief Justice, dissenting.

I am of the opinion that the superior court erred in dismissing the charges against Robert Bernard and the other appellees in this case.

In my view, interpreting the regulation to require measurements...

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