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NATIONAL ASS'N OF OPTOMETRISTS & OPT. v. BROWN

No. 07-15050.

567 F.3d 521 (2009)

NATIONAL ASSOCIATION OF OPTOMETRISTS & OPTICIANS LENSCRAFTERS, INC.; Eye Care Centers of America, Inc., Plaintiffs-Appellees, v. Edmund G. BROWN, in his official capacity as Attorney General of the State of California, Defendant-Appellant, and Charlene Zettel, Director, Department of Consumer Affairs, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed May 28, 2009.

Attorney(s) appearing for the Case

Jennifer L. Weck, Deputy Attorney General, San Diego, CA, for the appellant.

Lori A. Schechter, Morrison & Foerster, LLP, San Francisco, CA, for the appellees.

Before: PROCTER HUG, JR., RICHARD A. PAEZ, and MARSHA S. BERZON, Circuit Judges.

HUG, Circuit Judge:

In this case we consider whether portions of certain California statutes and regulations violate the dormant Commerce Clause. The challenged laws prevent licensed opticians1 from having specified business relationships with or offering services in the same locations as licensed optometrists and ophthalmologists.

The National Association of Optometrists and Opticians, LensCrafters, Inc., and Eye Care Centers...

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