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GUTIERREZ v. PANGELINAN

No. CIV. 00-70447.

276 F.3d 539 (2002)

Carl T.C. GUTIERREZ, Governor; Y'asela A. Pereira; Government of Guam; Does 1 through 10, Petitioners, v. Vicente C. PANGELINAN, Senator; Joseph C. Wesley, Mayor, on behalf of themselves and all those similarly situated, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed January 10, 2002.

Attorney(s) appearing for the Case

Eric A. Heisel, Hagatna, Guam, for the petitioners.

Stephanie G. Flores, Michael F. Phillips, Phillips & Bordallo, Hagatna, Guam, for the respondents.

Samuel J. Taylor, Hagatna, Guam, for the amicus.

Before: B. FLETCHER, CANBY, and PAEZ, Circuit Judges.

PAEZ, Circuit Judge:

At the end of the 24th Guam legislative session, the Legislature passed Substitute Bill No. 495 ("Bill 495") and adjourned. The bill was presented to Governor Carl T.C. Gutierrez during the Legislature's adjournment, and he neither vetoed nor signed it. Instead, he returned the unsigned bill to the Legislature stating that he "allowed[] Bill No. 495 to go into law without benefit of the signature of the Governor." Opponents of Bill 495, Senator...

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