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STROMAN REALTY, INC. v. ANTT

No. 05-20803.

528 F.3d 382 (2008)

STROMAN REALTY, INC., Plaintiff-Appellee, v. Jim ANTT, Jr., et al., Defendants, Simone Marstiller, Secretary of the Department of Business and Professional Regulations for the State of Florida; Jeff Davi, Commissioner of Department of Real Estate for the State of California, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

As Amended June 18, 2008.

Attorney(s) appearing for the Case

Leslie Allison Powell (argued), Diana Magazine Schobel, Law Offices of Leslie A. Powell, Ralph Gordon, Gordon & Simmons, Frederick MD, Gerald M. Birnberg, Williams, Birnberg & Andersen, Houston, TX, for Plaintiff-Appellee.

Joel R. White (argued), Austin, TX, Linda C. Broocks, Ogden, Gibson, Broocks & Longoria, Houston, TX, for Simone Marstiller.

Mary Ellen Margaret Welsh (argued), Dept. of Revenue for State of Illinois, Chicago, IL, for State of Illinois, State of Alaska, State of Arizona, State of Iowa, State of Kansas, State of Kentucky, State of Massachusetts, State of Nevada, State of Oklahoma, Corporation Com'n, State of South Carolina, State of Utah, State of Vermont, State of Virginia, State of Wisconsin and Commonwealth of Puerto Rico, Amici Curiae.

Jeffery Taylor Nobles (argued), John Koetting Broussard, Beirne, Maynard & Parsons, Houston, TX, Clint Alexander Corrie, Beirne, Maynard & Parsons, Dallas, TX, for Jeff Davi.

Before GARWOOD, SMITH and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Stroman Realty, Inc. ("Stroman"), a Texas-based real-estate broker engaged in the resale of timeshares, filed a declaratory judgment action in Texas to enjoin California and Florida officials from imposing their states' respective licensing and regulatory requirements on real estate transactions in their states or involving their citizens, alleging that application of these requirements violates the dormant Commerce Clause. The district...

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