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ST. JOHN'S ORGANIC FARM v. GEM COUNTY MOSQUITO

No. 07-35797.

574 F.3d 1054 (2009)

SAINT JOHN'S ORGANIC FARM; Peter Dill, individually, Plaintiffs-Appellants, v. GEM COUNTY MOSQUITO ABATEMENT DISTRICT, a political subunit of the State of Idaho; Gem County, State of Idaho, a political unit of the State of Idaho, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2009.

Amended August 3, 2009.

Attorney(s) appearing for the Case

Charles M. Tebbutt, Western Environmental Law Center, Eugene, OR, for the appellants.

Susan E. Buxton, Moore Smith Buxton & Turcke, Mark L. Pollott, Murray D. Feldman, Holland & Hart, LLP, Michael John, Kane, Boise, ID, for the appellee.

Opinion by Judge WILLIAM A. FLETCHER; Concurrence by Judge TALLMAN.

ORDER AND AMENDED OPINION

ORDER

The opinion filed in this matter on July 16, 2009, 2009 WL 2053143, is amended as follows:

1. The party caption is amended to delete the reference to intervenor parties and now reads:

"SAINT JOHN'S ORGANIC FARM; PETER DILL, individually, Plaintiffs-Appellants, v. GEM COUNTY MOSQUITO ABATEMENT DISTRICT, a political subunit of the State of Idaho; GEM COUNTY, STATE OF IDAHO, a political...

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