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GRIFFIN INDUSTRIES, INC. v. IRVIN

No. 06-12370.

496 F.3d 1189 (2007)

GRIFFIN INDUSTRIES, INC., Plaintiff-Appellee, v. Tommy IRVIN, in his official capacity as Commissioner of the Georgia Department of Agriculture and in his individual capacity, Lee Myers, in his official capacity as Commissioner of the Georgia Department of Agriculture and in his individual capacity, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 21, 2007.

Attorney(s) appearing for the Case

Dana K. Maine, Paul B. Frickey, Theodore Freeman, Freeman, Mathis & Gary, LLP, George M. Weaver, Hollberg & Weaver, LLP, Atlanta, GA, Michael A. O'Quinn, O'Quinn & Cronin, McDonough, GA, for Defendants-Appellants.

Katherine V. Hernacki, L. Lin Wood, Jr., Eric P. Schroeder, Powell Goldstein, LLP, Christopher S. Anulewicz, Michael J. Bowers, Balch & Bingham, LLP, Atlanta, GA, for Plaintiff-Appellee.

Before HULL and MARCUS, Circuit Judges, and BARZILAY, Judge.

MARCUS, Circuit Judge:

This unusual civil rights case presents the question, on interlocutory appeal, whether the defendants, who are state environmental regulators and local political actors, may be held liable for violations of the Equal Protection Clause for taking regulatory action against an industrial facility. Griffin Industries, which owns a chicken rendering plant in East Dublin, Georgia, brought a section 1983...

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