BLUE RIDGE MOUNTAIN FISHERIES v. D.N.R.

No. A94A2003.

217 Ga. App. 89 (1995)

456 S.E.2d 651

BLUE RIDGE MOUNTAIN FISHERIES, INC. et al. v. DEPARTMENT OF NATURAL RESOURCES et al.

Court of Appeals of Georgia.

Reconsiderations Denied March 30, 1995.


Attorney(s) appearing for the Case

Kinney, Kemp, Pickell, Sponcler & Joiner, F. Gregory Melton, Tracey S. Witt, Douglas W. Brown, Jr., Weaver & Weaver, George W. Weaver, Cook & Palmour, Bobby Lee Cook, for appellants.

Michael J. Bowers, Attorney General, Isaac Byrd, Robert S. Bomar, Senior Assistant Attorneys General, for appellees.


BEASLEY, Chief Judge.

This case comes to us on the denial of plaintiffs' motion for partial summary judgment and the grant of defendants' motion for summary judgment. It is an action based on 42 U.S.C. § 1983 and state tort law.

On May 1, 1990, the Georgia Department of Natural Resources (DNR) searched the Wilson Spring Fish Hatchery owned by Blue Ridge Mountain Fisheries, Inc. Officers seized approximately 1,223 white sturgeon fish being held for breeding...

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