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HILL v. COGGINS

Nos. 16-1457, 16-1477.

867 F.3d 499 (2017)

Peggy HILL; Amy Walker, Plaintiffs-Appellants, v. Barry COGGINS, d/b/a Cherokee Bear Zoo; Collette Coggins, d/b/a Cherokee Bear Zoo, Defendants-Appellees. The Humane Society of the United States; The Fund for Animals, Amici Supporting Appellant. Peggy Hill; Amy Walker, Plaintiffs-Appellees, v. Barry Coggins, d/b/a Cherokee Bear Zoo; Collette Coggins, d/b/a Cherokee Bear Zoo, Defendants-Appellants. The Humane Society of the United States; The Fund for Animals, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 14, 2017.

Attorney(s) appearing for the Case

ARGUED: James S. Whitlock , DAVIS & WHITLOCK, P.C., Asheville, North Carolina, for Appellants/Cross-Appellees. Mark R. Melrose , MELROSE LAW, PLLC, Waynesvile, North Carolina, for Appellees/Cross-Appellants. ON BRIEF: Douglas A. Ruley , DAVIS & WHITLOCK, P.C., Asheville, North Carolina, for Appellants/Cross-Appellees. Anna Frostic , THE HUMANE SOCIETY OF THE UNITED STATES, Washington, D.C., for Amici Curiae.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Floyd wrote the opinion in which Judge Harris joined. Judge Bailey wrote a separate opinion concurring in part and dissenting in part.

Defendants Barry Coggins and Collette Coggins, doing business as the Cherokee Bear Zoo (collectively, "the Zoo"), keep, care for, and exhibit bears. In 2013, Plaintiffs Peggy Hill and Amy Walker (collectively, "Plaintiffs") visited the Zoo, and observed four of the Zoo's bears living in what Plaintiffs believed to be an inhumane...

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