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TANGIER SOUND WATERMAN'S ASS'N v. PRUITT

No. 92-1712.

4 F.3d 264 (1993)

TANGIER SOUND WATERMAN'S ASSOCIATION; John C. Tyler; Wellington L. Kitchen; Elijah Lee Wilson, Jr.; John Willard Laird; Edwin C. Smith, Jr., Plaintiffs-Appellees, v. William A. PRUITT, Commissioner, Virginia Marine Resources Commission, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 9, 1993.

Attorney(s) appearing for the Case

Frederick S. Fisher, Asst. Atty. Gen., Richmond, VA, argued (Mary Sue Terry, Atty. Gen., on brief), for defendant-appellant.

Stephen A. Goldberg, Gallagher, Evelius & Jones, Baltimore, MD, argued (Julie Ellen Squire, on brief), for plaintiffs-appellees.

Before WIDENER and HAMILTON, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

OPINION

MICHAEL, District Judge:

This is an appeal of a district court decision holding Virginia Code § 28.1-47.1,1 which established a "Special nonresident harvester's license," in violation of the Privileges and Immunities Clause2 of the Constitution of the United States and permanently enjoining its enforcement. Jurisdiction in this court lies under 28 U.S.C. § 1291. We affirm.

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