AMERICAN BEVERAGE ASSN. V. CITY & COUNTY OF SAN FRANCISCO, No. 16-16072 (9th Cir. 2018)
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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 29 2018 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT AMERICAN BEVERAGE ASSOCIATION; CALIFORNIA RETAILERS ASSOCIATION, Plaintiffs-Appellants, and No. 16-16072 D.C. No. 3:15-cv-03415-EMC Northern District of California, San Francisco ORDER CALIFORNIA STATE OUTDOOR ADVERTISING ASSOCIATION, Plaintiff, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant-Appellee. U.S. COURT OF APPEALS No. AMERICAN BEVERAGE ASSOCIATION; CALIFORNIA RETAILERS ASSOCIATION, 16-16073 D.C. No. 3:15-cv-03415-EMC Plaintiffs, and CALIFORNIA STATE OUTDOOR ADVERTISING ASSOCIATION, Plaintiff-Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant-Appellee. 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. 2
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