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AMERICAN BANKERS ASS'N v. LOCKYER

Nos. 05-17163, 05-17206.

541 F.3d 1214 (2008)

AMERICAN BANKERS ASSOCIATION; The Financial Services Roundtable; Consumer Bankers Association, Plaintiffs-Appellees, v. Bill LOCKYER, Attorney General; John Garamendi, Defendants-Appellants, and William P. Wood; Howard Gould, Commissioner of the Department of Financial Institutions of the State of California, Defendants. American Bankers Association; The Financial Services Roundtable; Consumer Bankers Association, Plaintiffs-Appellants, v. Bill Lockyer, Attorney General; John Garamendi; William P. Wood; Howard Gould, Commissioner of the Department of Financial Institutions of the State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2008.

Attorney(s) appearing for the Case

Catherine Z. Ysrael and Michele R. Van Gelderen, Deputy Attorneys General, State of California, Los Angeles, CA, for the defendants-appellants/cross-appellees.

E. Edward Bruce and Keith A. Noreika, Covington & Burling, Washington, D.C., for the plaintiffs-appellees/cross-appellants.

Opinion by Judge GRABER; Dissent by Judge WALLACE.

GRABER, Circuit Judge:

This case comes before us for the second time. See Am. Bankers Ass'n v. Gould, 412 F.3d 1081 (9th Cir.2005). In 2003, the California State Legislature enacted the California Financial Information Privacy Act ("SB1"), Cal. Fin.Code §§ 4050-4060, "for financial institutions to provide their consumers notice and meaningful choice about how consumers' nonpublic personal information is shared or...

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