Forester
Forester v. Ins
Opinion
Opinion
CALLAHAN, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WILLIE A. FORESTER; LARRY E.
DAVENPORT; ALFREDO CHAVEZ;
CARLOS M. TERAN; and DONALD E. EVANS, SR., No. 05-16517 Plaintiffs-Appellants, v. D.C. No.
CV-01-00253-RCC
MICHAEL CHERTOFF, Secretary of OPINION the Department of Homeland Security, Defendant-Appellee. Appeal from the United States District Court for the District of Arizona Raner C. Collins, District Judge, Presiding
Submitted April 17, 2007* San Francisco, California**
Filed August 29, 2007
Before: Dorothy W. Nelson, Consuelo M. Callahan, and Carlos T. Bea, Circuit Judges.
Opinion by Judge Callahan; Dissent by Judge Bea
*Michael Chertoff is substituted for his predecessor, Tom Ridge, as Secretary for the Department of Homeland Security. Fed. R. App. P. 43(c)(2). **This panel previously granted appellants’ motion to submit this appeal on the briefs. Fed. R. App. P. 34(a)(2).
10809 10812 FORESTER v. CHERTOFF
COUNSEL
Paul Randall Bays, Bays Smith Law, P.C., Litchfield Park, Arizona, for the appellants.