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ASSOCIATION DES ÉLEVEURS DE CANARDS v. BONTA

No. 20-55882, No. 20-55944.

33 F.4th 1107 (2022)

ASSOCIATION DES ÉLEVEURS DE CANARDS ET D'OIES DU QUÉBEC, a Canadian nonprofit corporation; HVFG, LLC, a New York limited liability company; Sean Chaney, an individual, Plaintiffs-Appellees/Cross-Appellants, v. Rob BONTA, in his official capacity as Attorney General of California, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 6, 2022.

Attorney(s) appearing for the Case

Peter H. Chang (argued), Deputy Attorney General; Mark R. Beckington , Supervising Deputy Attorney General; Thomas S. Patterson , Senior Assistant Attorney General; Rob Bonta , Attorney General; Office of the Attorney General, San Francisco, California; for Defendant-Appellant/Cross-Appellee.

Michael Tenenbaum (argued), Office of Michael Tenenbaum, Santa Monica, California, for Plaintiffs-Appellees/Cross-Appellants.

Partial Concurrence and Partial Dissent by Judge VanDyke.

OPINION

California prohibits the in-state sale of products that are "the result of force feeding a bird for the purpose of enlarging the bird's liver beyond normal size." Cal. Health & Safety Code § 25982. After nine years of litigation and in their third set of appeals before this Court, the parties...

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