Site: http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf

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As one commentator has already put it, the Nordyke lost the battle, but won the war. I'd say it differently (Nordyke lost a skirmish, but won a major battle), however, the end result is the same. We now have incorporation in the Ninth, and it WILL now happen on the federal level.