This section contains the nature of the case and procedural background.

D discharges whey into the river and this caused the death of thousands of fish, totaling some 36,000 pounds, thereby damaging the environment in and around the river for a distance of some twelve miles and destroying the fish. P claimed that all fish located in any public waters in the State are the property of the State of North Dakota and that P was the trustee of those fish for the benefit of all the people in the State. The trial court dismissed the complaint on the ground that the complaints failed to state claims upon which relief could be granted. The court held that P did not have a property interest in the fish sufficient to bring such a claim. P appealed.

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