Legal Opinion

H.J. Justin & Sons, Inc., Dba Justin Boot Company, a Texas Corporation v. George Deukmejian, Governor of the State of California

Court of Appeals for the Ninth Circuit

Decided March 11, 1983No. 81-4492PublishedCited by 13 opinions

1Per curiam

In this appeal appellant, a manufacturer of boots, asks us to reverse the district court’s judgment that Cal.Penal Code § 653 o (West Supp.1981) is not preempted by current federal statutes or regulations. Appellant seeks this ruling on appeal because it wishes to engage in trade within the State of California in boots made from the hides of African elephants, Indonesian pythons, and the Wallaby kangaroo. Cal. Penal Code § 653o purports to prohibit such trade. 1 Holding that federal laws, with respect to trade in all three species at issue, did not preempt state law the district court ruled…

2Cases cited4 opinions

  1. Pacific Legal Foundation v. State Energy Resources Conservation & Development CommissionCourt of Appeals for the Ninth Circuit · 1981
  2. Man Hing Ivory and Imports, Inc., a California Corporation v. George Deukmejian, Governor of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1983
  3. Pacific Legal Foundation, a California Nonprofit Corporation v. State Energy Resources Conservation & Development Commission, a State Agency, Natural Resources Defense Council, Inc., Defendants-Intervenors- Pacific Gas and Electric Co. And Southern California Edison Co., Plaintiffs v. State Energy Resources Conservation & Development Commission, a State Agency, Natural Resources Defense Council, Inc., Defendants-IntervenorsCourt of Appeals for the Ninth Circuit · 1982
  4. H. J. Justin & Sons, Inc. v. BrownDistrict Court, E.D. California · 1981

3Cited by13 opinions

  1. Viva! International Voice for Animals v. Adidas Promotional Retail Operations, Inc.California Supreme Court · 2007
  2. Cresenzi Bird Importers, Inc. v. State of NYDistrict Court, S.D. New York · 1987
  3. Ivory Educ. Inst. v. Dep't of Fish & Wildlife, California Court of Appeal, 5th District2018
  4. Addendum to Opinion No. 65-85 (1985), Missouri Attorney General Reports1985
  5. April in Paris v. BecerraDistrict Court, E.D. California · 2023

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