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S.D. MYERS v. CITY AND COUNTY OF SAN FRANCISCO

No. 99-16397.

253 F.3d 461 (2001)

S.D. MYERS, INC., Plaintiff-Appellant, v. CITY AND COUNTY OF SAN FRANCISCO and San Francisco Human Rights Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2001

Attorney(s) appearing for the Case

COUNSEL

Kevin H. Theriot, Esq., American Center for Law and Justice, Lawrenceville, Georgia, for the plaintiff-appellant.

Dennis Aftergut, Chief Assistant City Attorney, Deputy City Attorneys, City Hall, San Francisco, California, for the defendants-appellees.

Matthew A. Coles, Esq., American Civil Liberties Union, New York, New York for the amicus.

Robert Kim, Esq., American Civil Liberties Union Foundation of Northern California, San Francisco, California, for the amicus.

Jennifer C. Pizer, Esq., Lambda Legal Defense and Education Fund, Inc., Los Angeles, California, for the amicus.

Before: J. CLIFFORD WALLACE, RAYMOND C. FISHER, and JOHNNIE B. RAWLINSON, Circuit Judges.

Argued and Submitted November 14, 2000 — San Francisco, California

Opinion by Judge Wallace.

OPINION

WALLACE, Circuit Judge:

S.D. Myers, Inc. (Myers) appeals from a summary judgment in favor of the City and County of San Francisco (City). Myers argues that Chapter 12B of the San Francisco Administrative Code (Ordinance) is invalid under the dormant Commerce Clause, Due Process Clause, and California law. The Ordinance requires contractors...

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