(Download) "State Alaska v. Seward Marine Services" by Supreme Court of Alaska # Book PDF Kindle ePub Free
eBook details
- Title: State Alaska v. Seward Marine Services
- Author : Supreme Court of Alaska
- Release Date : January 27, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
PER CURIAM. OPINION. This appeal presents the question of whether costs and attorney's fees can be awarded to the plaintiff when a suit is dismissed on the grounds of mootness, having become moot because a preliminary injunction was granted to the plaintiff. We hold that the trial court does not abuse its discretion in awarding costs and fees in such a situation, at least where the grant of the preliminary injunction involves resolution of the merits of the case. On May 28, 1976, the Alaska Department of Health and Social Services imposed an embargo upon a quantity of herring roe processed by Seward Marine Services, Inc. [hereinafter Seward Marine], and prepared for shipment. The department acted under AS 17.20.230, having found that the roe was adulterated. On June 4, Seward Marine filed a complaint and an application for a preliminary injunction against the department. It alleged that the roe was intended solely for export to Japan and hence was not within the department's jurisdiction, because the federal government has exclusive jurisdiction over foreign commerce under the United States Constitution. The state opposed the injunction. Nevertheless, it was issued, the trial Judge stating: It has been shown that the product for shipping is intended for foreign export, and the State of Alaska is without jurisdiction over foreign export. The roe at issue was then shipped to Japan. Because this lot of roe was the only one embargoed, Seward Marine never moved for a hearing to obtain a permanent injunction.