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United States Ninth Circuit


Delano Farms Co. v. Cal. Table Grape Comm'n, 08-16233

In a First Amendment challenge to a state statutory scheme requiring grape growers to fund generic advertising, summary judgment for defendant is affirmed where the state agricultural commission's promotional activities constituted government speech that was immune to challenge under the First Amendment.

Appellate Information

  • Argued 04/15/2009
  • Decided 11/20/2009
  • Published 11/20/2009

Judges

  • Before:  STEPHEN REINHARDT, JOHN T. NOONAN and M. MARGARET McKEOWN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Brian C. Leighton (argued), Clovis, CA, for the appellants.

  • For Appellees:
  • Robert D. Wilkinson and Kendall L. Manock, Baker, Manock & Jensen, Fresno, CA, for the appellee., Seth P. Waxman, Randolph D. Moss (argued), Todd C. Zubler, Brian M. Boynton, and Amy Oberdorfer Nyberg, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, for the appellee.
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