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DEP'T OF FISHERIES v. DeWATTO FISH CO.

No. 49536-0.

100 Wn.2d 568 (1983)

674 P.2d 659

THE DEPARTMENT OF FISHERIES, Petitioner, v. DeWATTO FISH COMPANY, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

December 8, 1983.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and William B. Collins, Dennis D. Reynolds, and Timothy R. Malone, Assistants, for petitioner.

Cooper, Newton & Tobin and Bill Tobin, for respondents.

Paul L. Stritmatter, Keith L. Kessler, F. Mark McCauley, Ronald N. Richards, and Jane Cantor Shefler, amici curiae for respondents.

UTTER, J.

This is an action by the Department of Fisheries (the Department) against two related fish companies and their officers and directors (DeWatto) to collect two types of back taxes imposed by former RCW 75.32.1 The first tax was a privilege fee ranging from 2 to 5 percent of the market value of the fish, depending on species, imposed on the "original receiver"2

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