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COMMONWEALTH v. PAASCHE

391 Mass. 18 (1984)

459 N.E.2d 1223

COMMONWEALTH vs. ROSS PAASCHE (and seven companion cases).

Supreme Judicial Court of Massachusetts, Barnstable.

January 30, 1984.

Attorney(s) appearing for the Case

Daniel M. Blackmon & Charles A. Perkins, Jr., for the defendants, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & O'CONNOR, JJ.

WILKINS, J.

A judge sitting in the jury-of-six session of the Barnstable District Court has reported this case involving the legality of applying the shellfish regulations of the town of Provincetown to the harvesting of sea or surf clams by the defendants. The basic question is whether the town may lawfully bar nonresidents, such as the defendants, from harvesting sea or surf clams in the ocean waters lying within the town...

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