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STROMAN REALTY, INC. v. WERCINSKI

No. 06-20095.

513 F.3d 476 (2008)

STROMAN REALTY, INC., Plaintiff-Appellant, v. Sam WERCINSKI, Commissioner of the Department of Real Estate for the State of Arizona, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 11, 2008.

Attorney(s) appearing for the Case

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

Kathleen Patricia Sweeney (argued), Ann Thompson Uglietta, Phoenix, AZ, for Defendant-Appellee.

Before JONES, Chief Judge, and WIENER and BARKSDALE, Circuit Judges.

EDITH H. JONES, Chief Judge:

Stroman Realty, Inc. ("Stroman"), a Texas-based company, sought relief in a Texas federal court from attempts by the Commissioner of the Arizona Department of Real Estate to exercise regulatory authority over Stroman's timeshare sales business. The district court dismissed its action, which alleged violations of the Commerce Clause under 42 U.S.C. § 1983. Because the federal district court...

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