ATTORNEY GENERAL OF GUAM v. TORRES

Nos. 03-15823, 03-15999.

419 F.3d 1017 (2005)

The ATTORNEY GENERAL OF GUAM, Plaintiff-Appellant/Cross-Appellee, v. Jesus Q. TORRES, in his official capacity as Executive Manager of Guam Airport Authority, Defendant-Appellee/Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2005.


Attorney(s) appearing for the Case

Plaintiff-appellant-cross-appellee was represented by Robert M. Weinberg, Assistant Attorney General of Guam, at oral argument, and by Robert M. Weinberg and J. Basil O'Mallan III, Deputy Attorney General of Guam on the briefs, all of Hagatna, Guam.

Defendant-appellee-cross-appellant was represented by Randall Todd Thompson of Mair, Mair, Spade & Thompson of Hagatna, Guam.

Before D.W. NELSON, CALLAHAN, and BEA, Circuit Judges.


CALLAHAN, Circuit Judge.

The Attorney General of Guam filed this action in the United States District Court of Guam seeking a declaration that, under the 1998 Amendment to the Guam Organic Act, 48 U.S.C. § 1421g(d), his authority as the "Chief Legal Officer" of Guam preempted prior Guam law and prohibited the Guam International Airport Authority ("GIAA") from retaining its own legal counsel to conduct civil litigation. The district court, noting the existence...

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