Atlanta Journal & Constitution v. City of Atlanta

322 F.3d 1298

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 4, 2002
• Docket: 00-14413
• Status: Published

Opinion

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ________________________________ ELEVENTH CIRCUIT JULY 24, 2002 No. 00-14413 THOMAS K. KAHN ________________________________ CLERK

D.C. Docket No. 96-01738-CV

ATLANTA JOURNAL AND CONSTITUTION, USA TODAY, a division of Gannett Satellite Information Network ("GANSAT"), Inc. Plaintiffs-Appellees,

NEW YORK TIMES COMPANY, d.b.a. The New York Times,

Intervenor-Plaintiff, Appellee,

versus

THE CITY OF ATLANTA DEPARTMENT OF AVIATION, BENJAMIN R. DECOSTA, in his official capacity as Aviation General Manager, City of Atlanta, MARIO DIAZ, in his official capacity as Aviation Deputy General Manager, City of Atlanta, SHIRLEY FRANKLIN, in her official capacity as Mayor, City of Atlanta,

Defendants-Appellants. _______________________

No. 00-15181 _______________________ D. C. Docket No. 96-01738-CV-RWS-1 ATLANTA JOURNAL AND CONSTITUTION, USA TODAY,

Plainiffs-Appellees,

THE CITY OF ATLANTA DEPARTMENT OF AVIATION, BENJAMIN R. DECOSTA, in his official capacity as Aviation General Manager, City of Atlanta, MARIO DIAZ, in his official capacity as Aviation Deputy General Manager, City of Atlanta, SHIRLEY FRANKLIN, in her official capacity as Mayor, City of Atlanta,

No. 00-15185 _______________________ D. C. Docket No. 96-01847-CV-RWS-1

USA TODAY, a division of Gannett Satellite Information Network ("GANSAT"), Inc.,

Plaintiff-Appellee,

2 NEW YORK TIMES COMPANY, d.b.a. The New York Times,

CITY OF ATLANTA DEPARTMENT OF AVIATION, BENJAMIN R. DECOSTA, in his official capacity as Aviation General Manager, City of Atlanta, MARIO DIAZ, in his official capacity as Aviation Deputy General Manager, City of Atlanta, SHIRLEY FRANKLIN, in her official capacity as Mayor, City of Atlanta,

Defendants-Appellants. _________________________________________________________________

Appeals from the United States District Court for the Northern District of Georgia _________________________________________________________________

(Opinion January 4, 2002, 277 F.3d . 1322, 11th Cir., 2002)

(July 24, 2002)

Before EDMONDSON, Chief Judge, TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges*.

BY THE COURT:

3 A member of this court in active service having requested a poll on the

suggestion of rehearing en banc and a majority of the judges in this court in active

service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the above causes shall be reheard by this court en

banc.

The previous panel's opinion is hereby VACATED.

___________________________________ *Senior U. S. Circuit Judge James C. Hill has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).