G & G FIRE SPRINKLERS, INC. v. BRADSHAW

Nos. 95-56639, 96-55194.

156 F.3d 893 (1998)

G & G FIRE SPRINKLERS, INC., Plaintiff-Appellee, v. Victoria L. BRADSHAW, an individual, in her capacity as Labor Commissioner of the State of California; Lloyd W. Aubry, Jr., Director; Daniel Dellarocca, an individual, in his official capacity as Deputy Labor Commissioner of the State of California; Roger Miller, an individual in his official capacity as Deputy Labor Commissioner of the State of California; Rosa Frazier, an individual in her capacity as Deputy Labor Commissioner of the State of California, Defendants-Appellants. G & G FIRE SPRINKLERS, INC., Plaintiff-Appellee, v. Victoria L. BRADSHAW, an individual, in her official capacity as Labor Commissioner of the State of California; Lloyd W. Aubry, Jr., an individual, in his official capacity as Director of the Department of Industrial Relations of the State of California; Daniel Dellarocca, an individual, in his official capacity as Deputy Labor Commissioner of the State of California; Roger Miller, an individual in his official capacity as Deputy Labor Commissioner of the State of California; Rosa Frazier, an individual, in her official capacity as Deputy Labor Commissioner of the State of California; Division of Labor Standards Enforcement, an agency of the State of California; Department of Industrial Relations, an agency of the State of California, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submitted August 27, 1997.

Decided February 3, 1998.

Amended September 10, 1998.


Attorney(s) appearing for the Case

Thomas S. Kerrigan, State of California Department of Industrial Relations, Los Angeles, California for defendants-appellants.

Stephen A. Seideman, Levin, Stein, Chyten & Schneider, Los Angeles, California, for plaintiff-appellee in No. 95-56639.

Thomas J. McDermott and Harvey Rochman, Manatt, Phelps & Phillips, Los Angeles, California, for plaintiff-appellee in No. 96-55194.

William P. Gemmill, Gascou, Gemmill & Thornton, Los Angeles, California, for plaintiff-appellee on rehearing.

Scott A. Kronland, Altshuler, Berzon, Nussbaum, Berzon & Rubin, San Francisco, California, for amici curiae on rehearing.

Before: REINHARDT, KOZINSKI and HAWKINS, Circuit Judges.


No. 95-56639 Argued and Submitted May 7, 1996.

No. 96-55194 Submitted August 27, 1997.*

Opinion by Judge MICHAEL DALY HAWKINS; Dissent by Judge KOZINSKI.

MICHAEL DALY HAWKINS, Circuit Judge:

This case requires us to decide whether certain California Labor Code provisions, authorizing the state to seize money and impose penalties for a subcontractor's failure to comply with...

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