GLT SERVICES, INC. dba Beverly Manor Costa Mesa; INTERNEXT GROUP v.  12755 -- 1 of 8 --  BILL LOCKYER, Attorney General, in his capacity as Attorney…

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 CHAMBER OF COMMERCE OF THE
UNITED STATES; CALIFORNIA
CHAMBER OF COMMERCE;
EMPLOYERS GROUP; CALIFORNIA
HEALTHCARE ASSOCIATION;
CALIFORNIA MANUFACTURERS AND
TECHNOLOGY ASSN.; CALIFORNIA
ASSOCIATION OF HEALTH FACILITIES;
CALIFORNIA ASSOCIATION OF HOME
& SERVICES FOR THE AGING; BETTEC
CORPORATION; MARKSHERM
No. 03-55166 CORPORATION; ZILACO INC., ZILACO;
 DEL RIO HEALTHCARE, INC.; D.C. No.
BEVERLY HEALTH & REHABILITATION CV-02-00377-GLT
SERVICES, INC. dba Beverly Manor
Costa Mesa; INTERNEXT GROUP,
Plaintiffs-Appellees,
CALIFORNIA LABOR FEDERATION,
AFL-CIO; AMERICAN
FEDERATION OF LABOR AND
CONGRESS OF INDUSTRIAL
ORGANIZATIONS,
Intervenors-Appellants,
v. 
12755

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 BILL LOCKYER, Attorney General,
in his capacity as Attorney
General of the State of California;
DEPARTMENT OF HEALTH SERVICES;
FRANK G. VANACORE, as the Chief
of the Audit Review and Analysis Section of the California
Department of Health Services;
DIANA M. BONTA, R.N., Dr., Ph.D,
as the Director of the California
Department of Health Services,
Defendants. 
 CHAMBER OF COMMERCE OF THE
UNITED STATES; CALIFORNIA
CHAMBER OF COMMERCE;
EMPLOYERS GROUP; CALIFORNIA
HEALTHCARE ASSOCIATION;
CALIFORNIA MANUFACTURERS AND
TECHNOLOGY ASSN.; CALIFORNIA
No. 03-55169 ASSOCIATION OF HEALTH FACILITIES;
CALIFORNIA ASSOCIATION OF HOME D.C. No.
 & SERVICES FOR THE AGING; BETTEC CV-02-00377-GLT
CORPORATION; MARKSHERM ORDERCORPORATION; ZILACO INC., ZILACO;
DEL RIO HEALTHCARE, INC.;
BEVERLY HEALTH & REHABILITATION
SERVICES, INC. dba Beverly Manor
Costa Mesa; INTERNEXT GROUP,
Plaintiffs-Appellees,
and 
12756 CHAMBER OF COMMERCE v. LOCKYER

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 CALIFORNIA LABOR FEDERATION,
AFL-CIO; AMERICAN
FEDERATION OF LABOR AND
CONGRESS OF INDUSTRIAL
ORGANIZATIONS,
Intervenors-Appellants,
v.
BILL LOCKYER, Attorney General,
in his capacity as Attorney  General of the State of California;
DEPARTMENT OF HEALTH SERVICES;
FRANK G. VANACORE, as the Chief
of the Audit Review and Analysis
Section of the California
Department of Health Services;
DIANA M. BONTA, R.N., Dr., Ph.D,
as the Director of the California
Department of Health Services,
Defendants-Appellants. 
On Remand from the United States Supreme Court
Filed September 15, 2008
Before: Alex Kozinski, Chief Judge, Mary M. Schroeder,
Stephen Reinhardt, Robert R. Beezer, Andrew J. Kleinfeld,
Michael Daly Hawkins, Sidney R. Thomas,
Barry G. Silverman, M. Margaret McKeown,
Kim McLane Wardlaw, Raymond C. Fisher,
Richard A. Paez, Johnnie B. Rawlinson, Richard R. Clifton
and Consuelo M. Callahan, Circuit Judges.
ORDER
This case was remanded to us from the United States
Supreme Court. See Chamber of Commerce of U.S. v. Brown,
12757 CHAMBER OF COMMERCE v. LOCKYER

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128 S. Ct. 2408 (2008). In light of the Supreme Court’s deci-
sion, we VACATE our opinion in Chamber of Commerce of
U.S. v. Lockyer, 463 F.3d 1076 (9th Cir. 2006), and
REMAND to the district court for further proceedings consis-
tent with the opinion of the Supreme Court.
12758 CHAMBER OF COMMERCE v. LOCKYER

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