FOWLER PACKING COMPANY, INC. v. LANIER

No. 16-16236.

854 F.3d 1045 (2016)

FOWLER PACKING COMPANY, INC.; Gerawan Farming, Inc., Plaintiffs-Appellants, v. David M. LANIER, in his official capacity as Secretary of the California Labor and Workforce Development Agency; Christine Baker, in her official capacity as the Director of the Department of Industrial Relations; Julie A. Su, in her official capacity as California Labor Commissioner, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 9, 2016.


Attorney(s) appearing for the Case

David Schwarz, Esquire , Irell & Mancha LLP, Los Angeles, CA, for Plaintiffs-Appellants.

Mark Randolph Beckington , Supervising Deputy Attorney General, California Department of Justice, Los Angeles, CA, Thomas M. Patton , Attorney, AGCA-Office of the California Attorney General, Sacramento, CA, for Defendants-Appellees.

Wencong Fa, Pacific Legal Foundation, Sacramento, CA, for Amici Curiae African-American Farmers of California, California Farm Bureau Federation, California Fresh Fruit Association, Fresno County Farm Bureau, Nisei Farmers League, Western Growers.

Before: GOULD, CLIFTON, and WATFORD, Circuit Judges.


ORDER

Plaintiffs in the case appeal a district court's order dismissing claims that a California law violates the Bill of Attainder Clause, U.S. Const. art. I, § 10, cl. 1 (the "bill of attainder claim"), and the Equal Protection Clause, U.S. Const. amend. XIV, § 1 (the "equal protection claim"). We conclude that the district court correctly dismissed the bill of attainder claim, but erroneously dismissed the...

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