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STATE v. KLUTI KAAH NATIVE VILLAGE

No. S-4712.

831 P.2d 1270 (1992)

STATE of Alaska and Carl Rosier, in his official capacity as Commissioner of the Department of Fish and Game, Petitioners, v. KLUTI KAAH NATIVE VILLAGE OF COPPER CENTER, Respondent.

Supreme Court of Alaska.

May 8, 1992.

Attorney(s) appearing for the Case

James Cantor, Asst. Atty. Gen., Anchorage, and Charles Cole, Atty. Gen., Juneau, for petitioners.

Robert T. Anderson, Lawrence A. Aschenbrenner, Bart T. Garber, Native American Rights Fund, Anchorage, for respondent.

William E. Caldwell, Alaska Legal Services, Fairbanks, and Carol H. Daniel, Alaska Legal Services, Anchorage, for amicus curiae Morry.

John Sky Starkey, Bethel, for amicus curiae Kwethluk.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

BURKE, Justice.

We granted this emergency petition to review the superior court's issuance of a preliminary injunction which, essentially, replaced the State Board of Game's seven day general moose hunt with a twenty-six day subsistence hunt for residents of the Kluti Kaah Native Village of Copper Center. The state contends that the superior court misapplied the "balance of hardships" test in issuing the injunction and, generally, overstepped its...

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