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TAYLOR v. WESTLY

Nos. 07-16902, 07-17223.

525 F.3d 1288 (2008)

Chris Lusby TAYLOR; Nancy A. Pepple-Gonsalves; Gary Kesselman; William J. Palmer; Dawn E. Struck; Susan Swinton, Plaintiffs-Appellants, v. Steve WESTLY; John Chiang, Defendants-Appellees. Chris Lusby Taylor; Nancy A. Pepple-Gonsalves; Gary Kesselman; William J. Palmer; Dawn E. Struck; Susan Swinton, Plaintiffs-Appellants, v. Steve Westly; John Chiang, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 12, 2008.

Attorney(s) appearing for the Case

William W. Palmer, Law Office of William W. Palmer, Sacramento, CA, for the appellants.

Robin Johansen, Remcho, Johansen & Purcell, LLP, San Leandro, CA, for the appellees.

Before: ROBERT R. BEEZER, ANDREW J. KLEINFELD, and HAWKINS, Circuit Judges.

PER CURIAM:

This controversy has been the subject of extensive litigation in the district court and has generated two prior appeals. In both the prior appeals, plaintiffs prevailed. In the first appeal, we determined that the State of California did not have the sovereign immunity that it claimed. See Taylor v. Westly (Taylor I), 402 F.3d 924, 936 (9th Cir.2005). In the second appeal, we concluded that the State's procedures...

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