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NEVADA DEPT. OF WILDLIFE v. BENTZ

No. 20210.

792 P.2d 28 (1990)

The NEVADA DEPARTMENT OF WILDLIFE, a Political Subdivision of the State of Nevada, Will Molini, Director of the Nevada Department of Wildlife, in his Official Capacity; the Nevada Board of Wildlife Commissioners, an Agency of the State of Nevada, and Keith Lee, Andy Leitch, Steve Boies, Bruce Kent, Tina Nappe, John S. Sweetland and Gary Weddle, Commissioners of the Nevada Board of Wildlife, in Their Official Capacity, Appellants, v. Teresa BENTZ, Robert A. Bentz, Thomas L. Bentz, Dallas R. Holbrook, Don Holbrook, Donald Inskeep, Yvonne M. Lee, Angel Sherman, and David E. Sherman, Respondents.

Supreme Court of Nevada.

May 16, 1990.

Attorney(s) appearing for the Case

Brian McKay, Atty. Gen., Brian Chally, Deputy Atty. Gen., Carson City, for appellants.

Cory & Bindrup and Jeff McColl, Las Vegas, for respondents.

David Hornbeck, Reno, Sarah F. Bates, San Francisco, Cal., for amicus curiae.

OPINION

PER CURIAM:

In February of 1989, the Nevada Board of Wildlife Commissioners (Commission) adopted General Commission Regulation No. 173 (GCR 173) which prohibited the collection of reptiles for commercial purposes. The district court granted the respondents a preliminary injunction forbidding the Nevada Department of Wildlife (NDOW) from enforcing GCR 173. We reverse the preliminary injunction issued against...

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