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GUZMAN v. SHEWRY

No. 08-55326.

552 F.3d 941 (2008)

Eduardo J. GUZMAN, M.D., Plaintiff-Appellant, v. Sandra SHEWRY, Director of the California State Department of Health Care Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2008.

Amended January 15, 2009.

Attorney(s) appearing for the Case

Patric Hooper, Hooper, Lundy & Bookman, Inc., Los Angeles, CA, argued the cause for the plaintiff-appellant and filed briefs.

Janet E. Burns, Deputy Attorney General, State of California, Los Angeles, CA, argued the cause for the defendant-appellee and filed a brief; Phillip J. Matsumoto, Deputy Attorney General, Richard T. Waldow, Supervising Attorney General, Douglas M. Press, Senior Assistant Attorney General, and Edmund G. Brown, Jr., Attorney General for the State of California, were on the brief.

Before: DAVID R. THOMPSON, DIARMUID F. O'SCANNLAIN, and RICHARD C. TALLMAN, Circuit Judges.

ORDER AND AMENDED OPINION

ORDER

The opinion filed in this case on September 23, 2008, 544 F.3d 1073, is AMENDED as follows:

At page 13362, line 24, 544 F.3d at 1078, of the slip opinion, after the sentence concluding "halt the temporary suspension," insert a new footnote reading <In his complaint, Guzman alleges that he also brings this claim directly under the Supremacy Clause. As such a claim is not "specifically...

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