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LIVINGS v. DAVIS

No. 63001.

465 So.2d 507 (1985)

Captain Louis S. LIVINGS, District Nine Supervisor, Florida Marine Patrol, and State of Florida Department of Natural Resources, Petitioners, v. Wendell DAVIS, Gilbert Grey, and Harry Robert Jones, Respondents.

Supreme Court of Florida.

Rehearing Denied April 12, 1985.

Attorney(s) appearing for the Case

Kevin X. Crowley, Gen. Counsel, Dept. of Natural Resources, Tallahassee, for petitioners.

David Paul Horan and Lawrence L. Davis of the Law Firm of David Paul Horan, Key West, for respondents.

Carol E. Dinkins, Asst. Atty. Gen., Donald A. Carr and Wells D. Burgess, Attys., Dept. of Justice, and Craig R. O'Connor and Katherine Pease, Attys., Nat. Oceanic and Atmospheric Admin., Washington, D.C., amicus curiae for The Secretary of Commerce of the U.S.

SHAW, Justice.

This cause is before this Court on a petition to review the decision of the Third District Court of Appeal in Livings v. Davis, 422 So.2d 364 (Fla. 3d DCA 1982). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The respondents were charged on March 31, April 13, and May 2, 1981, respectively, with violations of section 370.15(2)(a), Florida Statutes (1979), which prohibited the taking or possession...

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