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MARILLEY v. BONHAM

No. 13-17358.

844 F.3d 841 (2016)

Kevin MARILLEY; Salvatore Papetti; Savior Papetti, on behalf of themselves and 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 December 21, 2016.

Attorney(s) appearing for the Case

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

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

Dissent by Judge Reinhardt.

OPINION

California charges nonresident commercial fishers higher fees for vessel registrations, licenses, and permits than it charges resident commercial fishers. A certified class of nonresident commercial fishers challenges the fee differentials under the Privileges and Immunities Clause and the Equal Protection...

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