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PAYTON v. STATE

No. S-7557.

938 P.2d 1036 (1997)

Tom and Diane PAYTON, on behalf of themselves and others similarly situated, Appellants, v. STATE of Alaska and Frank Rue, in his official capacity as Commissioner of Fish and Game, Appellees.

Supreme Court of Alaska.

June 13, 1997.

Attorney(s) appearing for the Case

William E. Caldwell, Alaska Legal Services Corporation, Fairbanks, for Appellants.

Kevin M. Saxby, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellees.

Before COMPTON, C.J., and RABINOWITZ, MATTHEWS, EASTAUGH and FABE, JJ.

OPINION

FABE, Justice.

I. INTRODUCTION

Tom and Diane Payton seek to have a subsistence fishery created in the upper Yentna River area. The Board of Fisheries (Board) denied the Paytons' repeated proposals for such a fishery, and the Paytons appealed to the superior court. The superior court granted summary judgment against the Paytons, concluding that (1) the Board correctly interpreted statutory and regulatory provisions relating...

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