Hynes, Regional Director, Fish and Wild Life Service v. Grimes Packing Co.

Good Law
13 Alaska 65·185 F.2d 338·1950 U.S. App. LEXIS 3275
United States Court of Appeals for the Ninth CircuitNovember 10, 195012469_1California2,244 words

Opinion

Opinion

Denman, J.

This is -an appeal from a final decree enjoining appellant from seizing the boats and gear and otherwise interfering with the fishing of the appellees for salmon in the waters of-the Shelikof Strait,, within the boundaries, of the Karluk Indian Reservation, “by way of enforcing restrictive provisions of Section 208.23(r) of the 1946 Alaska Fisheries General Regulations or any other regulations of like or substantially like import which may be hereafter promulgated or attempted to be promulgated by the Department of Interior of the United States of America through its Fish and Wildlife Service or otherwise.” The decree was made on the purported requirement of the mandate of the Supreme Court in the case of Hynes v. Grimes Packing Co., -jo'y t t o o/- cr\ o /-«a. n/ro tl u í. 337 U.S. 86 , 69 S.Ct. 968 . It was substan- ^ • • 11 1 u *1. j* tially the same as originally made by the aisA trict court save that there was added the matter after the words “General Regula- „ 10nS’

. . . The decree is made m a suit m equity in which one of two issues tendered sought to have declared void Public Land Order 128 issued by the Secretary of Interior, hereafter called the Secretary, creating a…

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