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POWELL v. DAILY

No. 85-81.

712 P.2d 356 (1986)

Calvin POWELL, Petitioner (Plaintiff), v. O.R. "Bud" DAILY, Frances Osborn, Ed P. Moriarity, Gene Harriet, Alice Hays, Denzel L. Coffey, and Dennis Daly, constituting the Wyoming Game and Fish Commission; and W. Donald Dexter, Director of the Wyoming Game and Fish Department, Respondents (Defendants).

Supreme Court of Wyoming.

January 8, 1986.

Attorney(s) appearing for the Case

John B. Rogers, Cheyenne, for petitioner.

A.G. McClintock, Atty. Gen., Lawrence J. Wolfe, Sr. Asst. Atty. Gen., and Marion Yoder, Asst. Atty. Gen., Cheyenne, for respondents.

Before THOMAS, C.J., and ROSE, ROONEY, BROWN and CARDINE, JJ.

ROSE, Justice.

This case is presented to us through the certification of a constitutional issue from the District Court of the First Judicial District in Wyoming. The question presented is whether § 23-2-402(a)(iii), W.S. 1977, violates the Privileges and Immunities Clause of the United States Constitution. Because the challenged statute burdens a fundamental right, and because the degree of discrimination does not bear a close relation to any of the State's...

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