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STATE v. McCURDY

Docket: Was-10-366.

10 A.3d 686 (2010)

2010 ME 137

STATE of Maine v. David McCURDY.

Supreme Judicial Court of Maine.

Decided: December 23, 2010.

Attorney(s) appearing for the Case

Jeffrey C. Toothaker, Esq. , Toothaker & Chong, Ellsworth, ME, for David McCurdy.

Michael E. Povich , District Attorney, Catherine Cole Lindberg , Asst. Dist. Atty., Ellsworth, ME, for the State of Maine.

Panel: SAUFLEY, C.J., and ALEXANDER, SILVER, MEAD, GORMAN, and JABAR, JJ.

ALEXANDER, J.

[¶ 1] David McCurdy appeals from a judgment of the District Court (Machias, Romei, J.) finding him in violation of a scallop-fishing catch-measurement regulation published to implement 12 M.R.S. § 6728 (2009) governing scallop fishing in Cobscook Bay. McCurdy contends that the Department of Marine Resources 2009 regulation concerning the size measurement of scallop meat, as applied through the...

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