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WORKING WATERMAN'S ASS'N v. SEAFOOD HARVESTERS

Record Nos. 821800, 821809.

314 S.E.2d 159 (1984)

The WORKING WATERMAN'S ASSOCIATION OF VIRGINIA, INC. v. SEAFOOD HARVESTERS, INC., et al. COMMONWEALTH of Virginia v. SEAFOOD HARVESTERS, INC., et al.

Supreme Court of Virginia.

March 9, 1984.

Attorney(s) appearing for the Case

James S. Insley, Poquoson, for appellant in Record No. 821800.

John R. Butcher, Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., Frederick S. Fisher, Asst. Atty. Gen., on brief), for appellant in Record No. 821809.

Ben A. Williams, III, Hampton (Janet I. Farquharson, Newport News, Vernon D. Hitchings, Jr., Norfolk, Patten, Wornom & Watkins, Newport News, Decker, Cardon, Weintraub, Thomas & Hitchings, Norfolk, on brief), for appellees in both cases.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ.

COMPTON, Justice.

We granted this appeal to determine whether a statute regulating the method of removing hard-shell clams from subaqueous beds is unconstitutional as applied to certain private persons who use the prohibited method on beds leased from the Commonwealth.

Generally, all the beds of the bays, rivers, creeks, and the shores of the sea within the jurisdiction of the Commonwealth are the property of the State and may be used in common by all citizens...

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