MERRIFIELD v. LOCKYER

No. 05-16613.

547 F.3d 978 (2008)

Alan MERRIFIELD, an individual; Urban Wildlife Management Inc., a California corporation individually as a successor in interest to Alan Merrifield dba Urban Wildlife Management; California Nuisance Wildlife Control Operators Association, a California non-profit corporation, Plaintiffs-Appellants, v. Bill LOCKYER, Attorney General, Defendant, and Kelli Okuma, Registrar of the California Structural Pest Control Board; Gretchen A. Brigaman, Protest Officer of the California Department of Transportation; Jean Melton, Member of the California Structural Pest Control Board; Bill Morris, Member of the California Structural Pest Control Board; Michael Roth, Member of the California Structural Pest Control Board; Mustapha Sesay, Member of the California Structural Pest Control Board; Thurman, Member of the California Structural Pest Control Board; Kenneth L. Trongo, Member of the California Structural Pest Control Board, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2008.

Amended October 22, 2008.


Attorney(s) appearing for the Case

Timothy Sandefur, Pacific Legal Foundation, Sacramento, CA, argued the cause for the plaintiffs-appellants and filed briefs; Meriem L. Hubbard, Pacific Legal Foundation, Sacramento, CA, was on the briefs.

Diann Sokoloff, Deputy Attorney General, Oakland, CA, argued the cause for the defendants-appellees and filed a brief; Bill Lockyer, Attorney General for the State of California, Alfredo Terrazas, Senior Assistant Attorney General, Wilbert E. Bennett Supervising Deputy Attorney General, Oakland, CA, were on the brief.

Opinion by Judge O'Scannlain; Partial Concurrence and Partial Dissent by Judge MICHAEL DALY HAWKINS


ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

Appellants' motion for clarification is GRANTED.

The opinion filed in this case on September 16, 2008, 2008 WL 4210586, slip op. at 12915, is amended as follows:

At slip op. at 12942, second to last paragraph, lines 4-5: Delete "and shall enjoin the Board from denying him a Branch II license to engage in his chosen profession".

The petition...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases