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CAPITAL ASSOCIATED INDUSTRIES, INC. v. STEIN

No. 17-2218.

922 F.3d 198 (2019)

CAPITAL ASSOCIATED INDUSTRIES, INCORPORATED, Plaintiff-Appellant, v. Josh STEIN, in his official capacity as Attorney General of the State of North Carolina; Nancy Lorrin Freeman, In her official capacity as District Attorney for the 10th Prosecutorial District of the State of North Carolina; J. Douglas Henderson, In his official capacity as District Attorney for the 18th Prosecutorial District of the State of North Carolina, Defendants-Appellees, and North Carolina State Bar, Intervenor/Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 19, 2019.

Attorney(s) appearing for the Case

ARGUED: Reid Lloyd Phillips , BROOKS, PIERCE, McLENDON, HUMPHREY, & LEONARD, L.L.P., Greensboro, North Carolina, for Appellant. Alan William Duncan , MULLINS DUNCAN HARRELL & RUSSELL PLLC, Greensboro, North Carolina, for Appellees. ON BRIEF: Jennifer K. Van Zant , Charles E. Coble , Craig D. Schauer , BROOKS, PIERCE, McLENDON, HUMPHREY & LEONARD, L.L.P., Greensboro, North Carolina, for Appellant. Stephen M. Russell, Jr. , MULLINS DUNCAN HARRELL & RUSSELL PLLC, Greensboro, North Carolina, for Appellee North Carolina State Bar. Joshua H. Stein , Attorney General, Matthew W. Sawchak , Solicitor General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees Joshua H. Stein, Nancy Lorrin Freeman, and J. Douglas Henderson.

Affirmed by published opinion. Judge Diaz wrote the opinion, in which Chief Judge Gregory and Senior Judge Duncan joined.

Capital Associated Industries, Inc. ("CAI") is a trade association representing North Carolina employers. As part of a plan to expand its membership, CAI wants to provide legal services to its members. But it cannot because state law forbids corporations from practicing law. Following unsuccessful lobbying efforts to change...

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