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COMMONWEALTH v. MAXIM

No. 97-P-0010.

45 Mass. App. Ct. 49 (1998)

COMMONWEALTH v. MICHAEL J. MAXIM (and a companion case).

Court of Appeals of Massachusetts, Barnstable.

June 11, 1998.

Attorney(s) appearing for the Case

Peter P. d'Errico for Michael J. Maxim.

Julia K. Holler, Assistant District Attorney, for the Commonwealth.

Robert T. Doyle, Jr., for David S. Greene, was present but did not argue.

Present: BROWN, SMITH, & LAURENCE, JJ.

BROWN, J.

The Commonwealth sought and obtained convictions of two members of the Mashpee Wampanoag tribe for violating the town of Bourne's ordinance prohibiting recreational shellfishing on certain days of the week. The defendants, who were gathering clams by hand and rake to feed their families, claim that they were exercising their rights as native Americans (both aboriginal rights and rights reserved by their ancestors under certain treaties with Massachusetts...

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