MINORITY TELEVISION PROJECT, I V. FCC, No. 09-17311 (9th Cir. 2012)

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This opinion or order relates to an opinion or order originally issued on April 12, 2012.

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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 21 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MINORITY TELEVISION PROJECT, INC., No. 09-17311 D.C. No. 3:06-cv-02699-EDL Plaintiff - Appellant, v. ORDER FEDERAL COMMUNICATIONS COMMISSION; UNITED STATES OF AMERICA, Defendants - Appellees, and LINCOLN BROADCASTING COMPANY, Intervenor. KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Fed. R. App. P. 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.