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PACIFIC NORTHWEST VENISON PRODUCERS v. SMITCH

Nos. 92-36766, 92-36953.

20 F.3d 1008 (1994)

PACIFIC NORTHWEST VENISON PRODUCERS, a Washington corporation; Robert V. Baker; James E. Rich; D. Bruce Morgan; Washington Alternative Livestock Association, a Washington corporation, Plaintiffs-Appellants, v. Curt SMITCH, Director of Washington Department of Wildlife; Dean A. Lydig, James M. Walton, Mitch Johnson, Terry Karro, John McGlenn, Norman F. Richardson, Commissioners of the WA State Wildlife Commission, Washington State Department of Wildlife, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1994.

Attorney(s) appearing for the Case

Paul M. Seby, Mountain States Legal Foundation, Denver, CO, and Peter B. Camp, von Kallenbach, Seattle, WA, for plaintiffs-appellants.

Robert K. Costello, Sr., Asst. Atty. Gen., Olympia, WA, for defendants-appellees.

Ward Swanser, Moulton, Dellingham, Longo & Mather, Billings, MT, for amicus.

Before: REAVLEY, SKOPIL and LEAVY, Circuit Judges.

SKOPIL, Circuit Judge:

Plaintiffs Pacific Northwest Venison Producers and several of its members (collectively, "PNVP") appeal the district court's summary judgment in favor of the Washington Department of Wildlife and the Washington State Wildlife Commission (collectively, "Department of Wildlife" or "Department"), upholding the constitutionality of the Department's regulations banning the private ownership and exchange of several species of wildlife. We affirm....

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