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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: Fishy mother lay 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: Fishy mother lay 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: Burgundy jew this is outrageous. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31144599) |
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Date: August 9th, 2016 4:15 PM Author: Fishy mother lay 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: Impressive church building CR completely indefensible (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31149195) |
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Date: February 27th, 2017 6:10 PM Author: Fishy mother lay You going to fly in for the supreme court oral argument? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#32714248) |
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Date: June 21st, 2017 10:10 PM Author: Impressive church building When was it? Is there a transcript? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#33614248) |
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Date: August 10th, 2016 12:58 AM Author: Fishy mother lay Bump for the late night cattle law scholars. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31149173) |
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Date: August 10th, 2016 1:01 AM Author: Impressive church building tyty (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31149198) |
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Date: July 26th, 2024 8:27 AM Author: yellow dog poop (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#47894560) |
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Date: August 10th, 2016 1:23 AM Author: frum motley indirect expression institution (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31149320) |
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Date: August 10th, 2016 2:58 AM Author: milky free-loading regret 180 legal brief in op (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31149690) |
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Date: August 10th, 2016 4:55 AM Author: Fishy mother lay Just bringing scholarly treats to my friends.
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Date: August 4th, 2017 1:03 PM Author: Opaque Abode Laser Beams (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#33917455) |
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Date: August 10th, 2016 6:57 AM Author: Lascivious Property 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...id..#31150018) |
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Date: August 10th, 2016 8:20 PM Author: Impressive church building Stfu this is outrageous (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31155291) |
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Date: September 12th, 2016 6:33 PM Author: razzle theatre 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: Lascivious Property 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: Fishy mother lay 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: Carnelian Rebellious Feces Clown 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: spruce fragrant crotch stage (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31668312) |
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Date: August 10th, 2016 10:22 PM Author: Impressive church building I'm so mad about this. The plaintiff must be livid. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31156268) |
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Date: August 11th, 2016 12:16 AM Author: Fishy mother lay 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...id..#31156933) |
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Date: December 24th, 2023 9:34 AM Author: Cowardly mind-boggling nursing home (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#47208412) |
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Date: August 11th, 2016 12:20 AM Author: Fishy mother lay https://i.sli.mg/euRnIq.jpg (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31156948) |
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Date: August 11th, 2016 12:24 AM Author: Startling Place Of Business Radicals in robes. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31156966) |
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Date: September 13th, 2016 8:05 PM Author: tan metal fortuitous meteor (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31400705) |
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Date: August 11th, 2016 12:47 AM Author: Vengeful psychic associate cattle branding is animal abuse (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31157062) |
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Date: March 10th, 2017 12:42 PM Author: Fishy mother lay You more of an RFID ear tag guy? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#32797765) |
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Date: August 11th, 2016 1:01 AM Author: talented olive karate Seething with rage right now (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31157110) |
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Date: August 11th, 2016 1:37 AM Author: Fishy mother lay 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...id..#31157339) |
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Date: August 12th, 2016 5:12 PM Author: Fishy mother lay 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: spectacular very tactful macaca do we still have time? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#32768913) |
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Date: September 12th, 2016 6:30 PM Author: Fishy mother lay Petition for review filed with Arizona Supreme Court.
May justice be done. |
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Date: September 12th, 2016 6:31 PM Author: Carnelian Rebellious Feces Clown 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...id..#31392307) |
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Date: September 13th, 2016 2:30 AM Author: frum motley indirect expression institution (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31395677) |
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Date: September 13th, 2016 7:36 PM Author: Fishy mother lay (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31400545) |
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Date: September 12th, 2016 6:33 PM Author: Impressive church building YNY
I hope they tear the lower court a new one |
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Date: September 12th, 2016 7:24 PM Author: Geriatric Excitant Partner (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31392672) |
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Date: September 12th, 2016 6:36 PM Author: unholy abusive hairy legs address a sad day for cattlelaw (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31392339) |
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Date: September 13th, 2016 2:46 AM Author: Vivacious twinkling hall becky (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31395710) |
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Date: February 27th, 2017 4:56 PM Author: Fishy mother lay 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: Geriatric Excitant Partner What in the fuck put this 180 shit on your radar brother? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31392671) |
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Date: September 13th, 2016 1:24 AM Author: Fishy mother lay When you love the law, the law finds you. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31395395) |
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Date: September 12th, 2016 8:43 PM Author: carmine depressive Very good case. Thank you for sharing. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31393375) |
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Date: September 13th, 2016 2:39 AM Author: bateful nubile dilemma electric furnace pretty 180 thread, kirby (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31395692) |
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Date: September 13th, 2016 2:58 AM Author: Fishy mother lay Your support of the Stambaugh cattle is thanks enough. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31395722) |
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Date: September 13th, 2016 7:44 PM Author: razzle theatre 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: tan metal fortuitous meteor so tired of this activisTTT court (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31400707) |
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Date: October 7th, 2016 6:22 PM Author: Impressive church building Any sense of when the az sp Ct will hear the appeal (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31582088) |
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Date: October 7th, 2016 6:49 PM Author: Fishy mother lay 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: Fishy mother lay 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: Impressive church building 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...id..#31665497) |
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Date: October 18th, 2016 8:45 AM Author: wild ratface elastic band bbw ranchers are watching this case closely (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#31668305) |
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Date: March 6th, 2017 7:49 PM Author: House-broken Plum Trailer Park (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#32768795) |
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Date: November 28th, 2016 6:13 PM Author: Fishy mother lay 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: Stirring crystalline gunner Will Trump help MA(rizona)GA? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#32010490) |
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Date: December 16th, 2016 2:08 PM Author: Impressive church building Can trump fix this? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#32157231) |
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Date: February 27th, 2017 4:47 PM Author: Fishy mother lay 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: Stirring crystalline gunner ! (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#32714662) |
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Date: February 27th, 2017 4:58 PM Author: Fishy mother lay The most prestigious cattle brand discussion board in the world. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#32713839) |
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Date: February 27th, 2017 7:17 PM Author: Stirring crystalline gunner Shit, can we get an amicus brief put together? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#32714670) |
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Date: March 6th, 2017 2:10 PM Author: Fishy mother lay 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: Stirring crystalline gunner 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...id..#32766344) |
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Date: March 6th, 2017 2:30 PM Author: emerald vigorous parlour (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#32766392) |
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Date: March 6th, 2017 8:03 PM Author: Brindle useless pocket flask I demand justice for are Arizona ranchbros. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#32768933) |
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Date: March 8th, 2017 12:33 PM Author: Fishy mother lay 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: Fishy mother lay 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 6:08 AM Author: emerald vigorous parlour (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#32796273) |
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Date: March 10th, 2017 6:28 AM Author: pale garrison reading party the sweet treats of scholarship (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#32796282) |
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Date: March 10th, 2017 1:45 PM Author: emerald vigorous parlour (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#32798144) |
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Date: March 10th, 2017 12:43 PM Author: Fishy mother lay 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: Fishy mother lay 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...id..#33382639) |
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Date: June 2nd, 2017 3:16 PM Author: Fishy mother lay No movement. Still being monitored. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#33456637) |
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Date: June 2nd, 2017 3:28 PM Author: Thirsty cruise ship tank 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...id..#33456788) |
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Date: June 2nd, 2017 3:40 PM Author: Marvelous rambunctious theater kirbymo, htf did this even come to your attention? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#33456904) |
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Date: June 2nd, 2017 3:52 PM Author: Fishy mother lay 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...id..#33457063) |
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Date: June 2nd, 2017 11:52 PM Author: Marvelous rambunctious theater Do u work phx biglaw, midlaw, smalllaw? (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#33460712) |
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Date: June 3rd, 2017 11:26 AM Author: spectacular very tactful macaca phoenix biglaw doesn't exist. he works in smallaw. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#33462632) |
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Date: June 21st, 2017 9:25 PM Author: Fishy mother lay Justice delayed is justice denied! (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#33613900) |
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Date: June 21st, 2017 10:09 PM Author: Impressive church building (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#33614244) |
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Date: July 31st, 2017 7:08 PM Author: Fishy mother lay Still waiting. You'll be the first to hear. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#33893125) |
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Date: July 31st, 2017 7:09 PM Author: green pervert principal's office 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...id..#33893129) |
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Date: August 3rd, 2017 1:35 PM Author: Fishy mother lay This is a great day for the cattle of Arizona. (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#33910857) |
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Date: August 3rd, 2017 1:31 PM Author: Fishy mother lay 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: August 3rd, 2017 1:39 PM Author: Stirring crystalline gunner SANITY PREVAILS! (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#33910872) |
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Date: February 13th, 2018 2:51 PM Author: Impressive church building Can't believe I missed this
MAGA |
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Date: June 3rd, 2022 8:28 PM Author: razzle theatre 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: December 24th, 2023 9:34 AM Author: Cowardly mind-boggling nursing home (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#47208413) |
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Date: August 4th, 2017 1:01 PM Author: Fishy mother lay National news.
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Date: February 13th, 2018 3:06 PM Author: talented olive karate 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...id..#35394218) |
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Date: February 13th, 2018 4:35 PM Author: Impressive church building activist judges need to be REIGNED IN (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#35395123) |
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Date: November 4th, 2024 12:53 PM Author: Fishy mother lay 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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Date: August 26th, 2026 8:48 PM Author: Der Penis (http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2...id..#50095403) |