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Reetz v. Bozanich
United States Supreme Court
397 U.S. 82, 90 S. Ct. 788, 25 L. Ed. 2d 68 (1970)
Facts
In 1968 Alaska (defendant) passed laws and regulations requiring salmon-net-gear licenses for commercial fishing. The laws provided that, unless extreme hardship was present, salmon-net-gear licenses would only be issued to those who had previously held such licenses or those who had held a commercial fishing license for use in Alaska for three years. Several nonresident fishermen (the fishermen) (plaintiffs) applied for and were denied salmon-net-gear licenses. The fishermen filed a lawsuit in federal district court, arguing that the license requirements violated the Alaska state constitution and the United States Constitution. The relevant provisions of the Alaska constitution provided that fish and wildlife in their natural state were reserved for the common use of the people and that no exclusive right or privilege of fishery should be created in the state. Alaska moved to dismiss the case or stay the federal proceedings while the state constitutional question was decided by a state court. The federal court denied Alaska’s motion and granted summary judgment for the fishermen, finding that the license requirements were unconstitutional under the Alaska and federal constitutions. Alaska appealed, and the United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Douglas, J.)
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