Sprint Telephony PCS, et al v. County of San Diego, et al, No. 05-56076 (9th Cir. 2008)

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SPRINT TELEPHONY PCS, L.P., a Delaware limited partnership, Plaintiff-AppellantCross-Appellee, and PACIFIC BELL WIRELESS LLC, a Nevada limited liability company, dba Cingular Wireless, Plaintiff, v. COUNTY OF SAN DIEGO; GREG COX, in his capacity as supervisor of the County of San Diego; DIANNE JACOB, in her capacity as supervisor of the County of San Diego; PAM SLATER, in her capacity as supervisor of the County of San Diego; RON ROBERTS, in his capacity as supervisor of the County of San Diego; BILL HORN, in his capacity as supervisor of the County of San Diego, Defendants-AppelleesCross-Appellants. ï£¼ ï£½ ï£¾ Filed May 14, 2008 5759 Nos. 05-56076 05-56435 D.C. No. CV-03-1398-BTM ORDER 5760 SPRINT TELEPHONY PCS v. COUNTY OF SAN DIEGO KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges,1 it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. 1 Judges McKeown and M. Smith are recused. PRINTED FOR ADMINISTRATIVE OFFICE U.S. COURTS BY THOMSON REUTERS/WEST SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson Reuters/West.

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