United States Ninth Circuit

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Marilley v. Bonham, 13-17358

In an action brought by a class of non-resident commercial fishers who contended that California's discriminatory fishing fees violated the Privileges and Immunities Clause of the United States Constitution, the district court's summary judgment in favor of plaintiff is affirmed where California’s differential commercial fishing license fees, Cal. Fish & Game Code sections 7852, 7881, 8550.5, and 8280.6, which charged non-residents two or three times more in fees than residents, violated the Privileges and Immunities Clause because California failed to offer a closely related justification for its discrimination against non-residents.

Appellate Information

  • Decided 09/18/2015
  • Published 09/18/2015




  • United States Ninth Circuit