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NATIONAL MEAT ASS'N v. BROWN

Nos. 09-15483, 09-15486.

599 F.3d 1093 (2010)

NATIONAL MEAT ASSOCIATION, Plaintiff-Appellee, and American Meat Institute, Plaintiff-intervenor, v. Edmund G. BROWN, in his official capacity as Attorney General of California; Arnold Schwarzenegger, in his official capacity as Governor of California; State of California, Defendants-Appellants, and The Humane Society of the United States; Farm Sanctuary, Inc.; Humane Farming Association; Animal Legal Defense Fund, Defendant-intervenors. National Meat Association, Plaintiff-Appellee, and American Meat Institute, Plaintiff-intervenor, v. Edmund G. Brown, in his official capacity as Attorney General of California; Arnold Schwarzenegger, in his official capacity as Governor of California; State of California, Defendants, and The Humane Society of the United States; Farm Sanctuary, Inc.; Humane Farming Association; Animal Legal Defense Fund, Defendant-intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 31, 2010.

Attorney(s) appearing for the Case

Edmund G. Brown Jr., Attorney General of California, Douglas J. Woods, Acting Senior Assistant Attorney General, and Susan K. Leach, Deputy Attorney General, Los Angeles, CA, for the defendants-appellants.

Sarah L. Conant and Peter A. Brandt, The Humane Society of the United States, Washington, D.C.; and Bruce A. Wagman, Schiff Hardin LLP, San Francisco, CA, for the defendant-intervenor-appellants.

Steven J. Wells and Heather M. McCann, Dorsey & Whitney LLP, Minneapolis, MN, for the plaintiff-appellee.

Before: ALEX KOZINSKI, Chief Judge, STEPHEN REINHARDT and BARRY G. SILVERMAN, Circuit Judges.

KOZINSKI, Chief Judge:

This is an interlocutory appeal from a preliminary injunction prohibiting the enforcement of California Penal Code § 599f, which bans the slaughter and inhumane handling of nonambulatory animals, against federally regulated swine slaughterhouses.

I

On January 30, 2008, The Humane Society released a video depicting images of nonambulatory cows—cows that are unable to stand or walk without assistance— being...

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