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CEDAR SHAKE & SHINGLE BUR. v. CITY OF LOS ANGELES

No. 91-56527.

997 F.2d 620 (1993)

CEDAR SHAKE AND SHINGLE BUREAU; Chemco, Inc.; Wesco, Inc., Plaintiffs-Appellants, v. CITY OF LOS ANGELES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 30, 1993.

Attorney(s) appearing for the Case

Martin E. Rosen, Barger & Wolen, Los Angeles, CA, for plaintiffs-appellants.

L. Wayne Mooney, Deputy City Atty., Los Angeles, CA, for defendant-appellee.

Before: WALLACE, Chief Judge; O'SCANNLAIN and FERNANDEZ, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We are called upon to consider whether the federal courts should abstain from deciding a case which turns on a state law preemption question not yet resolved by California state courts, notwithstanding the existence of an Attorney General's opinion directly on point.

I

This lawsuit is a challenge to a city ordinance banning the use of wood shake and shingle roofing materials in new construction in the City of Los Angeles...

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