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STATE v. ALEX

Nos. 5065, 5086 and 5142.

646 P.2d 203 (1982)

STATE of Alaska, Northern Southeast Regional Aquaculture Association, and Southern Southeast Regional Aquaculture Association, Appellants, v. Wayne ALEX, William A. Thomas, Jr., Ed Maki, John C. Martin, Warren S. Westrom, Dick Workman, Mark W. White, Carl Sims, Bruce R. Gilbert, Fred Chambers, Douglas D. Karns, Harold D. Bieleski, and Leo R. Albecker, Jr., Appellees.

Supreme Court of Alaska.

April 23, 1982.

Attorney(s) appearing for the Case

G. Thomas Koester, Asst. Atty. Gen., Avrum M. Gross and Wilson L. Condon, Attys. Gen., Juneau, for appellant State of Alaska.

Fred J. Baxter, Baxter & Douglas Law Offices, Juneau, for appellant Northern Southeast Regional Aquaculture Ass'n.

Douglas Pope, Wagstaff, Middleton & Pope, Anchorage, for appellant Southern Southeast Regional Aquaculture Ass'n.

M.T. Thomas and W.G. Ruddy, Robertson, Monagle, Eastaugh & Bradley, Juneau, for appellees.

Before RABINOWITZ, C.J., CONNOR, BURKE and MATTHEWS, JJ., and BLAIR, Superior Court Judge.

OPINION

BURKE, Justice.

This case involves a suit brought as a class action by several commercial fishermen against two private aquaculture associations and the state. The suit sought a declaratory judgment holding unconstitutional a state statute that authorizes the associations to collect mandatory assessments on the sale of salmon by the plaintiff fishermen. In addition, the complaint sought a refund of all assessments that had been paid by the fishermen...

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