American Beverage Association; California Retailers Association v. City and County of San Francisco

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
AMERICAN BEVERAGE A SSOCIATION;
C ALIFORNIA R ETAILERS
ASSOCIATION,
Plaintiffs-Appellants,
and
C ALIFORNIA S TATE OUTDOOR
ADVERTISING ASSOCIATION,
Plaintiff,
v.
C ITY AND C OUNTY OF S AN
FRANCISCO ,
Defendant-Appellee.
No. 16-16072
D.C. No.
3:15-cv-03415-
EMC

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2 AM . BEVERAGE ASS ’ N V . CITY & C TY. OF SAN FRANCISCO
AMERICAN BEVERAGE A SSOCIATION;
C ALIFORNIA R ETAILERS ASSOCIATION,
Plaintiffs,
and
C ALIFORNIA S TATE OUTDOOR
ADVERTISING ASSOCIATION,
Plaintiff-Appellant,
v.
C ITY AND C OUNTY OF S AN FRANCISCO ,
Defendant-Appellee.
No. 16-16073
D.C. No.
3:15-cv-03415-
EMC
ORDER
Filed January 29, 2018
THOMAS, Chief Judge:
Upon the vote of a majority of nonrecused active judges,
it is ordered that these cases be reheard en banc pursuant to
Federal Rule of Appellate Procedure 35(a) and Circuit Rule
35-3. The three-judge panel disposition in these cases shall
not be cited as precedent by or to any court of the Ninth
Circuit.
Judge Bybee did not participate in the deliberations or
vote in these cases.

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