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BLAND v. FESSLER

No. 95-55522.

88 F.3d 729 (1996)

William BLAND and National Association of Telecomputer Operators, Plaintiffs-Appellants, v. Daniel Wm. 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, and 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 July 2, 1996.

Attorney(s) appearing for the Case

Rex S. Heinke, Los Angeles, California, for plaintiffs-appellants.

Ronald A. Reiter, Los Angeles, California, and Mark Fogelman, San Francisco, California, for defendants-appellees.

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

ORDER

The opinion filed April 1, 1996, Slip op. 3923, is withdrawn.

OPINION

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...

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