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BLAND v. FESSLER

No. 95-55522.

79 F.3d 942 (1996)

William BLAND and National Association Of Telecomputer Operators, Plaintiffs-Appellants, v. Daniel William FESSLER; P. Gregory Conlon; Norman D. Shumway; Jessie J. Knight Jr.; and Patricia M. Eckart, in their individual and official capacities as Public Utilities Commissioners; Daniel E. Lungren, in his official capacity as Attorney General of the State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1996.

Attorney(s) appearing for the Case

Rex S. Heinke, Gibson, Dunn & Crutcher, Los Angeles, California, for plaintiffs-appellants.

Ronald A. Reiter, Deputy Attorney General, Los Angeles, California, and Mark Fogelman, California Public Utilities Commission, San Francisco, California, for defendants-appellees.

Before: FLETCHER, CANBY, and HAWKINS, Circuit Judges.

FLETCHER, Circuit Judge:

Plaintiffs appeal the grant of summary judgment dismissing their action against the Commissioners of the California Public Utilities Commission and the dismissal on a Rule 12(b)(6) motion of their action against the Attorney General of California. Plaintiffs' action challenges on First Amendment grounds two California statutes that regulate Automatic Dialing and Announcing Devices ("ADADs"), machines that dial telephone numbers and deliver...

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