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FLYNT v. SHIMAZU

No. 17-17318.

940 F.3d 457 (2019)

Larry C. FLYNT; Haig Kelegian, Sr.; Haig T. Kelegian, Jr., Plaintiffs-Appellants, v. Stephanie K. SHIMAZU, in her official capacity as the Director of the California Department of Justice, Bureau of Gambling Control; Jim Evans, in his official capacity as Chairman of the California Gambling Control Commission; Trang To, in his official capacity as Commissioner of the California Gambling Control Commission; Xavier Becerra, in his official capacity as Attorney General of the State of California; Paula D. Labrie, in her official capacity as Commissioner of the California Gambling Control Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 7, 2019.

Attorney(s) appearing for the Case

Paul J. Cambria Jr. (argued) and Erin McCampbell Paris , Lipsitz Green Scime Cambria LLP, Buffalo, New York, for Plaintiffs-Appellants.

James G. Waian (argued) and Peter H. Kaufman , Deputy Attorneys General; Sara J. Drake , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, San Diego, California; for Defendants-Appellees.

Dissent by Judge Rawlinson.

OPINION

We must decide whether California's statute of limitations for personal injury suits bars a facial challenge to the constitutionality of certain California gambling laws.

I

Larry Flynt, Haig Kelegian Sr., and Haig Kelegian Jr. (collectively "Licensees") hold gambling licenses to own...

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