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CITY OF OAKLAND v. LYNCH

No. 13-15391.

798 F.3d 1159 (2015)

CITY OF OAKLAND, Plaintiff-Appellant, v. Loretta E. LYNCH, Attorney General of the United States; Melinda Haag, United States Attorney for the Northern District of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2015.

Attorney(s) appearing for the Case

Cedric C. Chao (argued), Stanley J. Panikowski , Roy K. McDonald , Kathleen S. Kizer , and Saori Kaji , DLA Piper LLP (US), San Francisco, CA; Barbara J. Parker and Kiran C. Jain , Oakland City Attorney, Oakland, CA, for Plaintiff-Appellant.

Stuart F. Delery , Assistant Attorney General, Melinda Haag , United States Attorney, Mark B. Stern and Adam C. Jed (argued), Attorney, Civil Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Before: RICHARD C. TALLMAN and JOHNNIE B. RAWLINSON, Circuit Judges, and STEPHEN JOSEPH MURPHY, District Judge.

OPINION

I. INTRODUCTION

The City of Oakland contests the Government's filing of a civil in rem forfeiture action against Harborside Health Clinic, a medical marijuana dispensary acting in accordance with local and state laws but in violation of the Controlled Substances Act. Because Oakland lacks...

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