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Felton v. Hodges

United States Court of Appeals for the Fifth Circuit

374 F.2d 337 (1967)

Relevant factsFree

Felton (plaintiff), a Florida fisherman, was arrested and had his property confiscated for placing crawfish traps beyond Florida's territorial waters, in violation of a state statute regulating fishermen's conduct "within or without" state waters. He sued Florida officials, including Hodges (defendant), under Section 1983, claiming the law was unconstitutional as applied beyond the state's territorial boundary. The district court dismissed his suit.

IssueFree

Whether a Florida law regulating its fishermen's conduct beyond the state's territorial waters violates a citizen's constitutional rights when the state has a legitimate interest in the regulated activity and no act of Congress conflicts with it.

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