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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: Excitant alpha 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: Excitant alpha 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: Floppy useless address reading party 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: Excitant alpha 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: crimson office tattoo 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: Excitant alpha 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: crimson office tattoo 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: Excitant alpha 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: crimson office tattoo tyty (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2]#31149198) |
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Date: August 10th, 2016 1:23 AM Author: Disgusting Bearded School (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: provocative church building background story 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: Excitant alpha Just bringing scholarly treats to my friends.
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Date: August 4th, 2017 1:03 PM Author: startled startling mother (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: burgundy theatre ceo 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: crimson office tattoo 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: Red theater 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: burgundy theatre ceo 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: Excitant alpha 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: wonderful becky 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: Adventurous insane property scourge upon the earth (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: crimson office tattoo 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: Excitant alpha 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: Haunting Chartreuse Hissy Fit Temple (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: Excitant alpha 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: cruel-hearted gaping 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: Comical university (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: Filthy Forum 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: Excitant alpha 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: drunken antidepressant drug 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: Excitant alpha 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: Excitant alpha 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: Fragrant Mexican 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: Excitant alpha Petition for review filed with Arizona Supreme Court.
May justice be done. |
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Date: September 12th, 2016 6:31 PM Author: wonderful becky 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: Disgusting Bearded School (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: Excitant alpha (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: crimson office tattoo YNY
I hope they tear the lower court a new one |
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Date: September 12th, 2016 7:24 PM Author: cracking talking newt (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: misunderstood soul-stirring range 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: swashbuckling box office halford (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: Excitant alpha 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: cracking talking newt 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: Excitant alpha 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: big national security agency 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 2:39 AM Author: transparent business firm pretty 180 thread, kirby (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2]#31395692) |
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Date: September 13th, 2016 2:58 AM Author: Excitant alpha 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: Red theater 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: Comical university 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: crimson office tattoo 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: Excitant alpha 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: Excitant alpha 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: crimson office tattoo 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: October 18th, 2016 8:45 AM Author: frisky chocolate plaza sound barrier bbw ranchers are watching this case closely (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2]#31668305) |
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Date: March 6th, 2017 7:49 PM Author: Bipolar sanctuary (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2]#32768795) |
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Date: November 28th, 2016 6:13 PM Author: Excitant alpha 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: rebellious brindle giraffe 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: crimson office tattoo 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: Excitant alpha 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: rebellious brindle giraffe ! (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: Excitant alpha 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: rebellious brindle giraffe 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: Excitant alpha 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: rebellious brindle giraffe 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: Puce orchestra pit boltzmann 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: Excitant alpha 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: Excitant alpha 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: Excitant alpha 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: Excitant alpha 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: Excitant alpha 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: Costumed nowag weed whacker 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: Excitant alpha 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: vivacious half-breed 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 21st, 2017 9:25 PM Author: Excitant alpha Justice delayed is justice denied! (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2]#33613900) |
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Date: July 31st, 2017 7:08 PM Author: Excitant alpha 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: Cowardly hominid bbw 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: Excitant alpha 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: Excitant alpha 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: crimson office tattoo Can't believe I missed this
MAGA |
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Date: June 3rd, 2022 8:28 PM Author: Red theater 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: drunken antidepressant drug 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: Excitant alpha 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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