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U.S. Court of Appeals for the 9th Circuit

Feb. 27, 2010

9th Circuit Dukes It Out Over Dicta

Two prominent Ninth Circuit judges sparred over the limits of appellate decision making and revived a decades long argument they've been having over whether dicta ever dictates.

By John Roemer

Daily Journal Staff Writer

A long-running argument between prominent judges over limits on appellate decisionmaking erupted again earlier this month at the 9th U.S. Circuit Court of Appeals.

The antagonists: Chief Judge Alex Kozinski and Senior Circuit Judge A. Wallace Tashima. Kozinski, a President Reagan appointee, and Tashima, whom President Clinton placed on the circuit bench, sit in Pasadena.

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