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COMMONWEALTH v. MAXIM

429 Mass. 287 (1999)

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

Supreme Judicial Court of Massachusetts, Barnstable.

April 7, 1999.

Attorney(s) appearing for the Case

Michael D. O'Keefe, Assistant District Attorney (Julia K. Holler, Assistant District Attorney, with him) for the Commonwealth.

Peter P. d'Errico, of New Mexico, for the defendants.

Scott Harshbarger, Attorney General, & Siu Tip Lam, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

LYNCH, J.

The defendants are members of the Mashpee Wampanoag2 tribe. They were convicted in the District Court of taking soft-shell clams in violation of the shellfish regulations of the town of Bourne (town). After a timely appeal, the Appeals Court reversed and entered judgments for the defendants. 45 Mass.App.Ct. 49 (1998). We granted the Commonwealth...

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