Winther v. Samuelson

OPINION

MATTHEWS, Chief Justice.

I,. INTRODUCTION

This case involves a dispute over the proper ownership of federally awarded individual fishing quota ("IFQ") shares. John Winther, Omega-8, Inc., and Gainhart Samuelson filed separate applications for IFQ shares based on their joint ownership of a fishing vessel, the F/V PROWLER. After a full adjudication, the federal agency determined that the parties had owned the vessel as individual tenants-in-common and awarded each party one-third of the F/V PROWLER's IFQ shares. Winther and Omega-8 brought suit in state court, claiming that, under state…