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SAN REMO HOTEL, L. P. v. CITY AND COUNTY OF SAN FRANCISCO

No. 04-340.

545 U.S. 323 (2005)

SAN REMO HOTEL, L. P., ET AL. v. CITY AND COUNTY OF SAN FRANCISCO, CALIFORNIA, ET AL.

Supreme Court of United States.

Decided June 20, 2005.

Attorney(s) appearing for the Case

Paul F. Utrecht argued the cause for petitioners. With him on the briefs was Andrew M. Zacks.

Seth P. Waxman argued the cause for respondents. With him on the brief were Andrew W. Schwartz, Fran M. Layton, Ellison Folk, Edward C. DuMont, and Therese M. Stewart.*

STEVENS, J., delivered the opinion of the Court, in which SCALIA, SOUTER, GINSBURG, and BREYER, JJ., joined. REHNQUIST, C. J., filed an opinion concurring in the judgment, in which O'CONNOR, KENNEDY, and THOMAS, JJ., joined, p. 348.

JUSTICE STEVENS delivered the opinion of the Court.

This case presents the question whether federal courts may craft an exception to the full faith and credit statute, 28 U. S. C. § 1738, for claims brought under the Takings Clause of the Fifth Amendment.

Petitioners, who own and operate a hotel in San Francisco, California (hereinafter City), initiated this litigation in response to the application of a city...

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