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Over dissent, HELD: Ariz. Dept. of Ag. may approve identical cattle brands.
Poast new message in this thread
Date: August 9th, 2016 3:53 PM Author: At-the-ready State Stambaugh v. Butler, No. 1 CA-CV 14-0817 (Ariz. Ct. App. Aug 9, 2016)
http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2016/CV14-0817.pdf
FACTS: Dude who has a bar seven (-7) cattle brand placed on the left rib wants to take his beasts from California to Arizona. He asks the Arizona Department of Agriculture for permission. Another dude in Arizona with a bar seven cattle brand placed on the left hip objects, NO FUCKING WAY; THAT'S MINE. And the statute says you can't register two identical designs.
ISSUE: Does the law allow identical brands on different parts of the cow?
HELD: Yes. Despite statutory language providing that "[n]o two brands of the same design or figure shall be adopted or recorded," the Arizona Department of Agriculture may approve identical brands if the brands are registered to different locations on the animal.
DISSENT: You fools. The prohibition on having the same DESIGN is completely separate from the statutory language you rely on concerning the LOCATION the design is placed.
DEEP ANALYSIS: Dissents are rare in Arizona appellate cases, and they're usually right when a judge goes to the effort of writing one. Here, the majority bared its unscholarly motives when it was, like, "Yeah, but if we don't allow the same brand in different places, it might invalidate other brands, and that's bad." The California cattledood should have been told to come up with a different brand.
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Date: August 9th, 2016 3:55 PM Author: At-the-ready State Don't say I never do anything for you.
This is cutting edge shit. |
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Date: August 9th, 2016 3:58 PM Author: purple coldplay fan pit this is outrageous. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31144599) |
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Date: August 9th, 2016 4:15 PM Author: At-the-ready State Beyond the pale.
Perhaps we should offer our services to petition for supreme court review.
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Date: August 10th, 2016 1:01 AM Author: pearl business firm CR completely indefensible (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31149195) |
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Date: February 27th, 2017 6:10 PM Author: At-the-ready State You going to fly in for the supreme court oral argument? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#32714248) |
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Date: June 21st, 2017 10:10 PM Author: pearl business firm When was it? Is there a transcript? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#33614248) |
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Date: August 10th, 2016 12:58 AM Author: At-the-ready State Bump for the late night cattle law scholars. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31149173) |
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Date: August 10th, 2016 1:01 AM Author: pearl business firm tyty (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31149198) |
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Date: July 26th, 2024 8:27 AM Author: Underhanded Dull Abode Jew (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#47894560) |
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Date: August 10th, 2016 1:23 AM Author: primrose passionate lodge (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31149320) |
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Date: August 10th, 2016 2:58 AM Author: stubborn wonderful blood rage 180 legal brief in op (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31149690) |
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Date: August 10th, 2016 4:55 AM Author: At-the-ready State Just bringing scholarly treats to my friends.
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Date: August 4th, 2017 1:03 PM Author: Charismatic House-broken Electric Furnace Address (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#33917455) |
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Date: August 10th, 2016 6:57 AM Author: costumed black woman boistinker This is clearly a legislative issue, but are our legislatures so worthless that we need the courts to rewrite laws like this? Perhaps they are. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31150018) |
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Date: August 10th, 2016 8:20 PM Author: pearl business firm Stfu this is outrageous (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31155291) |
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Date: September 12th, 2016 6:33 PM Author: Swollen Naked Halford ah, the legislature did its job, the court ignored the plain language at least that's what it looks like |
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Date: August 10th, 2016 7:04 AM Author: costumed black woman boistinker Majority: "Who gives a shit about the exact wording of the law as long as the function of telling the brands apart is served?"
Minority: "WTF? This is directly contradictory to the law."
tbf,the majority opinion seems more efficient in this case but represents quite a transfer of power to the court |
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Date: August 10th, 2016 7:17 PM Author: At-the-ready State JUSTICE FOR THE STAMBAUGH COWS!
Look at this jibberish:
"The ambiguity exists by virtue of the language of A.R.S. § 3-1261 and related statutes, read in context with each other. Accordingly, we must look, inter alia, to the Department’s longstanding construction of the statutes. *****To do otherwise might render invalid hundreds of brands the Department accepted for recording over the past several decades based on their owners’ promises to apply the brands in different locations than prior similar recorded brands were to be applied.***** "
What do the consequences of "do[ing] otherwise" have to do with the interpretive task at hand?
Nothing. That's what.
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Date: August 11th, 2016 12:19 AM Author: mischievous out-of-control becky quadroon also seems like appellate court fact-finding
and results driven reasoning
and an impermissible delegation of power to agency that exceeds plain statutory text
i mean wtf. wtf. |
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Date: October 18th, 2016 8:46 AM Author: Transparent boyish house new version (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31668312) |
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Date: August 10th, 2016 10:22 PM Author: pearl business firm I'm so mad about this. The plaintiff must be livid. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31156268) |
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Date: August 11th, 2016 12:16 AM Author: At-the-ready State Whether in this life or the next, the Stambaugh cattle will have their vindication. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31156933) |
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Date: December 24th, 2023 9:34 AM Author: Rusted Immigrant (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#47208412) |
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Date: August 11th, 2016 12:20 AM Author: At-the-ready State https://i.sli.mg/euRnIq.jpg (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31156948) |
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Date: August 11th, 2016 12:24 AM Author: impertinent reading party Radicals in robes. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31156966) |
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Date: September 13th, 2016 8:05 PM Author: Lemon Community Account Skinny Woman (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31400705) |
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Date: August 11th, 2016 12:47 AM Author: startled vivacious old irish cottage cattle branding is animal abuse (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31157062) |
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Date: March 10th, 2017 12:42 PM Author: At-the-ready State You more of an RFID ear tag guy? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#32797765) |
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Date: August 11th, 2016 1:01 AM Author: Glassy library Seething with rage right now (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31157110) |
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Date: August 11th, 2016 1:37 AM Author: At-the-ready State The deadlines for motions for reconsideration and petitions for supreme court review haven't passed yet. There's still hope. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31157339) |
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Date: August 12th, 2016 5:12 PM Author: At-the-ready State http://bit.ly/2aRjSF7
Motions for reconsideration due by August 24, 2016.
Petitions for supreme court review due by September 8, 2016. |
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Date: March 6th, 2017 8:01 PM Author: Racy giraffe do we still have time? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#32768913) |
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Date: September 12th, 2016 6:30 PM Author: At-the-ready State Petition for review filed with Arizona Supreme Court.
May justice be done. |
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Date: September 12th, 2016 6:31 PM Author: mischievous out-of-control becky quadroon Should we put in an amici brief as Concerned Legal Scholars Of The Most Preftigious Law Boart? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31392307) |
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Date: September 13th, 2016 2:30 AM Author: primrose passionate lodge (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31395677) |
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Date: September 13th, 2016 7:36 PM Author: At-the-ready State (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31400545) |
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Date: September 12th, 2016 6:33 PM Author: pearl business firm YNY
I hope they tear the lower court a new one |
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Date: September 12th, 2016 7:24 PM Author: Irradiated center (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31392672) |
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Date: September 12th, 2016 6:36 PM Author: cerebral orchestra pit voyeur a sad day for cattlelaw (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31392339) |
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Date: September 13th, 2016 2:46 AM Author: mauve philosopher-king coffee pot (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31395710) |
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Date: February 27th, 2017 4:56 PM Author: At-the-ready State The supreme court granted review, brother.
May the Stambaugh cows be vindicated and cattle law repaired. |
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Date: September 12th, 2016 7:24 PM Author: Irradiated center What in the fuck put this 180 shit on your radar brother? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31392671) |
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Date: September 13th, 2016 1:24 AM Author: At-the-ready State When you love the law, the law finds you. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31395395) |
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Date: September 12th, 2016 8:43 PM Author: Indecent partner area Very good case. Thank you for sharing. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31393375) |
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Date: September 13th, 2016 2:58 AM Author: At-the-ready State Your support of the Stambaugh cattle is thanks enough. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31395722) |
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Date: September 13th, 2016 7:44 PM Author: Swollen Naked Halford this is why we got into law fuck this bullshit. this pisses me off so much. |
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Date: September 13th, 2016 8:05 PM Author: Lemon Community Account Skinny Woman so tired of this activisTTT court (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31400707) |
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Date: October 7th, 2016 6:22 PM Author: pearl business firm Any sense of when the az sp Ct will hear the appeal (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31582088) |
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Date: October 7th, 2016 6:49 PM Author: At-the-ready State A petition for review was filed, but the supreme court only grants around 3.9% of petitions in civil cases, which is usually a bit under 20 cases per year. It's a long shot.
Right now, it's taking about four months for the supreme court to consider petitions for review, and then it takes a while for them to get around to issuing the order to grant or deny.
The state got an extension until October 28 to file its response to the petition. So I'd guess that the petition will be decided around April.
Here's the supreme court's docket: http://apps.supremecourt.az.gov/aacc/appella/ASC/CV/CV160217.PDF |
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Date: October 17th, 2016 6:12 PM Author: At-the-ready State Article
http://www.law360.com/articles/826695/placement-is-key-for-dueling-livestock-brands-court-finds |
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Date: October 17th, 2016 8:26 PM Author: pearl business firm The law is not "somewhat ambiguous." This is outrageous. If a court can do this it can do anything. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#31665497) |
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Date: November 28th, 2016 6:13 PM Author: At-the-ready State Petition for review still pending (which is to be expected).
http://apps.supremecourt.az.gov/aacc/appella/ASC/CV/CV160217.PDF
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Date: November 28th, 2016 6:17 PM Author: light round eye death wish Will Trump help MA(rizona)GA? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#32010490) |
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Date: December 16th, 2016 2:08 PM Author: pearl business firm Can trump fix this? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#32157231) |
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Date: February 27th, 2017 4:47 PM Author: At-the-ready State Petition for review GRANTED against all odds.
May there be justice for Stambaugh's cows! |
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Date: February 27th, 2017 7:16 PM Author: light round eye death wish ! (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#32714662) |
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Date: February 27th, 2017 4:58 PM Author: At-the-ready State The most prestigious cattle brand discussion board in the world. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#32713839) |
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Date: February 27th, 2017 7:17 PM Author: light round eye death wish Shit, can we get an amicus brief put together? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#32714670) |
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Date: March 6th, 2017 2:10 PM Author: At-the-ready State Oral argument is tomorrow at 10:15 a.m.
Maybe you can raise your hand and ask whether they'll let you say a few words. |
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Date: March 6th, 2017 2:22 PM Author: light round eye death wish I'm actually planning to go to Arizona soon to see some spring training baseball, but not by tomorrow. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#32766344) |
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Date: March 6th, 2017 8:03 PM Author: Odious sex offender property I demand justice for are Arizona ranchbros. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#32768933) |
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Date: March 8th, 2017 12:33 PM Author: At-the-ready State Oral argument video available here:
https://www.azcourts.gov/AZ-Supreme-Court/Live-Archived-Video
I haven't watched it yet to see whether things are looking good for the Stambaugh cows, but I did notice that I had to turn off some of my ad blocking to get the video to load correctly. |
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Date: March 10th, 2017 1:12 AM Author: At-the-ready State Thoughts on oral argument.
(1) The state's attorney was having a rough time, but he shut up one of the justices when the justice was, like, "Have you even seen branding?" and the lawyers was, like, "Motherfucker, I grew up on a ranch. I've done it. It's easy."
38:44 - context
39:09 - rancher-lawyer revealed
(2) On whole, I think things went better for Stambaugh's cows. May justice be done. |
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Date: March 10th, 2017 12:43 PM Author: At-the-ready State For those following along, the caption is now Stambaugh v. Killian.
Be sure to update your Westlaw and Lexis alerts. |
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Date: May 24th, 2017 2:52 AM Author: At-the-ready State No decision has been issued yet, but I'm keeping an eye on things. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#33382639) |
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Date: June 2nd, 2017 3:16 PM Author: At-the-ready State No movement. Still being monitored. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#33456637) |
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Date: June 2nd, 2017 3:28 PM Author: saffron shrine mother Cattle rustlers all over AZ set free because nobody can prove whose cattle it was (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#33456788) |
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Date: June 2nd, 2017 3:52 PM Author: At-the-ready State I typically check all of the published Arizona cases twice per week, usually on Tuesday and Thursday. This one happened to be among them. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#33457063) |
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Date: June 2nd, 2017 11:52 PM Author: Shimmering Multi-colored Puppy Do u work phx biglaw, midlaw, smalllaw? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#33460712) |
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Date: June 3rd, 2017 11:26 AM Author: Racy giraffe phoenix biglaw doesn't exist. he works in smallaw. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#33462632) |
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Date: June 21st, 2017 9:25 PM Author: At-the-ready State Justice delayed is justice denied! (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#33613900) |
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Date: June 21st, 2017 10:09 PM Author: pearl business firm (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#33614244) |
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Date: July 31st, 2017 7:08 PM Author: At-the-ready State Still waiting. You'll be the first to hear. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#33893125) |
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Date: July 31st, 2017 7:09 PM Author: galvanic outnumbered doctorate plaza i for one keep up with this thread and am anxious for the Supreme Court of Arizona to do what is just (no identical brands) (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#33893129) |
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Date: August 3rd, 2017 1:35 PM Author: At-the-ready State This is a great day for the cattle of Arizona. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#33910857) |
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Date: August 3rd, 2017 1:31 PM Author: At-the-ready State Subject: JUSTICE FOR THE STAMBAUGH CATTLE! http://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2017/CV160217PR.pdf
¶1 Arizona Revised Statute § 3-1261(B) provides that no two brands of the same design or figure shall be adopted or recorded. Nonetheless, the Arizona Department of Agriculture (“Department”) allowed Eureka Springs to record a “bar seven” brand (—7), even though it was identical to a previously recorded brand owned by David Stambaugh, because it was placed on a different location on the animals. We hold that the plain language of the statute precludes the Department from recording “two brands of the same design or figure” regardless of their location. |
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Date: February 13th, 2018 2:51 PM Author: pearl business firm Can't believe I missed this
MAGA |
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Date: June 3rd, 2022 8:28 PM Author: Swollen Naked Halford this case has tortured me for almost six years and i didn't know this outcome to be fair, it only felt like 2, maybe 3 years ago, but still allahu akbar and God bless america!
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Date: February 13th, 2018 3:06 PM Author: Glassy library Thanks for bumping man. I had been SEETHING about this the whole time per my earlier post but didn't realize it had been overturned. I think I can calm down now that this renegade appellate court has been reigned in. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2).#35394218) |
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Date: November 4th, 2024 12:53 PM Author: At-the-ready State Justice from the SCOTUS of AZ cattle case retires.
Sometimes, it was the arcane cases that were notable for their importance, like a 2017 case about cattle brands, he said. The case tested an Arizona law that prevented identical brands, and whether the location of the brand mattered. The unanimous opinion written by Brutinel on its surface dealt with cattle brands but set a lasting framework for how courts interpret statutes and is often cited in other court rulings. |
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