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BETHELL v. STATE OF FLA.

No. 83-5727.

741 F.2d 1341 (1984)

Union Norman BETHELL, Plaintiff-Appellee, v. STATE OF FLORIDA, et al., Defendants, Dr. Elton J. Gissendanner, individually; J.J. Brown, etc., individually; Lewis S. Livings, etc., individually; and Joel E. Aills, etc., individually, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 18, 1984.

Attorney(s) appearing for the Case

Kevin X. Crowley, Deputy Gen. Counsel, Dept. of Natural Resources, Bruce Barkett, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for defendants.

Leslie M. Kannan and Lisa Hemmer, Dept. of Justice, Washington, D.C., Leanne J. Frank, Corlett, Killian, Hardeman, McIntosh & Levi, P.A., Miami, Fla., David Paul Horan, Key West, Fla., for amicus curiae, Secretary of Commerce.

Joshua M. Morse, III, Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tallahassee, Fla., for amicus curiae, Organized Fishermen of Fla., Inc.

Before TJOFLAT and VANCE, Circuit Judges, and ATKINS, District Judge.

PER CURIAM:

In July 1982, Bethell was arrested eight miles beyond Florida territorial boundaries by Florida agents and charged with a violation of Fla.Stat. § 370.1105(2) (1983), which prohibits the possession of fish traps and the taking of finfish with fish traps. Bethell filed this civil rights suit under 42 U.S.C. § 1983 (1982), seeking a declaration that the statute was unconstitutional as applied outside the boundaries of the state, preliminary and...

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