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14-15940 - Pure Wafer Inc. v. City of Prescott, et al


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14-15940 - Pure Wafer Inc. v. City of Prescott, et al
January 10, 2017
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FILED OPINION (DIARMUID F. O'SCANNLAIN, RICHARD R. CLIFTON and N. RANDY SMITH) The judgment of the district court is AFFIRMED IN PART and REVERSED IN PART, and the case is REMANDED for further proceedings consistent with this opinion. The district court’s injunction forbidding enforcement of the Ordinance against Pure Wafer shall remain in effect during subsequent stages in this litigation. Each party shall bear its own costs on appeal. In addition, Pure Wafer’s two motions for judicial notice, filed April 12, 2016, and April 13, 2016, are GRANTED. Judge: DFO Authoring, Judge: RRC , Judge: NRS Concurring & dissenting. FILED AND ENTERED JUDGMENT. [10260084]