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MARILLEY v. BONHAM

No. 13-17358.

802 F.3d 958 (2015)

Kevin MARILLEY; Salvatore Papetti; Savior Papetti, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Charlton H. BONHAM, in his official capacity as Director of the California Department of Fish and Game, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 18, 2015.

Attorney(s) appearing for the Case

Stuart G. Gross (argued) and Jared M. Galanis , Gross Law, P.C., San Francisco, California; Todd R. Gregorian and Tyler A. Baker , Fenwick & West LLP, Mountain View, CA, for Plaintiffs-Appellees.

Kamala D. Harris , Attorney General, Robert W. Byrne , Senior Assistant Attorney General, Annadel A. Almendras , Supervising Deputy Attorney General, Gary Alexander and M. Elaine Meckenstock (argued), Deputy Attorneys General, Office of the Attorney General, Oakland, CA, for Defendant-Appellant.

Opinion by Judge FRIEDMAN; Dissent by Judge GRABER.

OPINION

Commercial fishers in California are subject to a bevy of fees. For certain fees, however, non-residents are charged two to three times more than residents. Plaintiffs represent a class of non-resident commercial fishers who contend that California's discriminatory...

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