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LA SEAFOOD MANAGEMENT v. LA WILDLIFE

No. 97 CA 1344.

719 So.2d 119 (1998)

LOUISIANA SEAFOOD MANAGEMENT COUNCIL, et al. v. LOUISIANA WILDLIFE AND FISHERIES COMMISSION, et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 2, 1998.

Attorney(s) appearing for the Case

Robert Barnett, New Orleans, Paul Baier, Baton Rouge, for Plaintiffs/Appellants Louisiana Seafood Management Council, et al.

Frederick Whitrock, T. Michael Landrum, E. Wade Shows, Baton Rouge, for Defendants/Appellees State of Louisiana, Department of Justice, Wildlife & Fisheries Commission, Wildlife & Fisheries Department.

Thomas Balhoff, Baton Rouge, for Intervenor/Appellee Coastal Conservation Association, d/b/a Gulf Coast Conservation Association.

Before FOIL and KUHN, JJ. and CHIASSON, J. Pro Tem.

KUHN, Judge.

By judgment dated February 18, 1997, the trial court permanently enjoined several portions of Act 1316 of the 1995 Regular Session of the Louisiana Legislature ("Act 1316"), entitled the Louisiana Marine Resources Conservation Act and colloquially called the "gill net ban" law.2 The remainder of Act 1316 was determined to be constitutional. This is an appeal by plaintiffs from that portion of the judgment which concludes the...

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