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MAN HING IVORY AND IMPORTS, INC. v. DEUKMEJIAN

No. 82-4303.

702 F.2d 760 (1983)

MAN HING IVORY AND IMPORTS, INC., a California corporation, Plaintiff-Appellee, v. George DEUKMEJIAN, Governor of the State of California, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 11, 1983.

Attorney(s) appearing for the Case

Joel S. Moskowitz, Deputy Atty. Gen., Sacramento, Cal., for defendants-appellants.

Stanley W. Smith, Niven & Smith, San Francisco, Cal., for plaintiff-appellee.

Before SCHROEDER, FLETCHER, and NORRIS, Circuit Judges.

FLETCHER, Circuit Judge:

This case calls for a determination of the preemptive scope of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, March 3, 1973, 27 U.S.T. 1087, T.I.A.S. No. 8249 (Convention), the Endangered Species Act of 1973, 16 U.S.C. §§ 1531-1543, and federal regulations enacted pursuant to the Endangered Species Act. Appellee Man Hing Ivory and Imports, Inc., is a wholesale importer of African elephant ivory...

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