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MOUTON v. DEPT. OF WILDLIFE & FISHERIES

No. 95 CA 0101.

657 So.2d 622 (1995)

Henry MOUTON v. DEPARTMENT OF WILDLIFE & FISHERIES FOR the STATE OF LOUISIANA.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 25, 1995.

Attorney(s) appearing for the Case

William Bass, Lafayette, for plaintiff/appellee—Henry Mouton.

Charles Ellis, New Orleans, for plaintiffs/intervenors appellees—La. Ass'n of Coastal Anglers, La. Environmental Action Network.

Karl Koch, Aidan C. Reynolds, Baton Rouge, for defendants/appellants—Samuel Nunez, La. Senate, La. House of Representatives.

Michael Landrum, Baton Rouge, for defendant/appellee—La. Dept. of Wildlife and Fisheries.

Before LOTTINGER, C.J., and SHORTESS and CARTER, JJ.

CARTER, Judge.

This is an appeal from a trial court judgment in an action for mandamus.

BACKGROUND

Prior to September, 1992, the Louisiana Wildlife and Fisheries Commission adopted LAC Title 76, Part VII, Chapter 3, § 341, commonly known as the "Spotted Sea Trout Management Plan" (the Trout Plan),1 which, among other things, prohibited the weekend commercial taking...

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