American Beverage Assn. v. City & County of San Francisco

Opinion

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 29 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

AMERICAN BEVERAGE No. 16-16072 ASSOCIATION; CALIFORNIA RETAILERS ASSOCIATION, D.C. No. 3:15-cv-03415-EMC Northern District of California, Plaintiffs-Appellants, San Francisco

and ORDER

CALIFORNIA STATE OUTDOOR ADVERTISING ASSOCIATION,

Plaintiff,

v.

CITY AND COUNTY OF SAN FRANCISCO,

Defendant-Appellee. AMERICAN BEVERAGE No. 16-16073 ASSOCIATION; CALIFORNIA RETAILERS ASSOCIATION, 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.