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STATE v. GOODELL

G84-345; CA A38647 [control] and G84-346, G84-347, G85-73, G85-74; CA A38648.

734 P.2d 10 (1987)

84 Or.App. 398

STATE of Oregon, Appellant, v. CLIFFORD L. GOODELL, Respondent. State of Oregon, Appellant, v. Eugene Sherman Goodell, Respondent.

Court of Appeals of Oregon.

Decided March 18, 1987.

Reconsideration Denied April 24, 1987.

Attorney(s) appearing for the Case

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Phillip L. Nelson, Astoria, argued the cause and filed the brief for respondents.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

The state appeals from orders dismissing citations that allege violations of commercial fishing regulations. Defendants are Chinook Indians who were fishing at usual and accustomed Chinook fishing locations on the Columbia River when they received the citations. The trial court held that, under State v. Goodell, 38 Or.App. 511, 590 P.2d 764, rev. den. 287 Or. 123 (1979), defendants had a treaty right to...

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