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DANIELS SHARPSMART, INC. v. SMITH

No. 17-16424.

889 F.3d 608 (2018)

DANIELS SHARPSMART, INC., a Delaware corporation, Plaintiff-Appellee, v. Karen SMITH, Director of the California Department of Public Health, in her official capacity; Richard Pilorin, Chief of the Emergency, Restoration and Waste Management Section of the California Department of Public Health, in his personal capacity; Alison Dabney, Chief Senior Environmental Scientist for the Medical Waste Management Program of the California Department of Public Health, in her personal capacity; Ginger Hilton, Environmental Scientist for the Medical Waste Management Program of the California Department of Public Health, in her personal capacity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 2, 2018.

Attorney(s) appearing for the Case

Renu R. George (argued) and Karli Eisenberg , Deputy Attorneys General; Ismael A. Castro , Supervising Deputy Attorney General; Julie Weng-Guetierrez , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Sacramento, California; for Defendants-Appellants.

Jason Levin (argued), Steptoe & Johnson LLP, Los Angeles, California; Douglas D. Janicik , Phoenix, Arizona; for Plaintiff-Appellee.

Before: Sidney R. Thomas, Chief Judge, Ferdinand F. Fernandez and Ronald M. Gould, Circuit Judges.

OPINION

California Department of Public Health1 officials, Karen Smith,2 Richard Pilorin,3 Alison Dabney,4 and Ginger Hilton5

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