Ctia - the Wireless Ass'n v. City of Berkeley

873 F.3d 774

Opinions

Concurrence by Judges W. Fletcher and Christen;

Dissent by

Judge Wardlaw

ORDER

Judge W. Fletcher and Judge Christen' have voted to deny the Appellant’s petition for rehearing and petition for rehearing en banc, filed May 5, 2017. Judge Friedland voted to grant both.

A judge of the court called for a vote on the petition for rehearing en banc. A vote was taken, and a majority of the' noh-recused active judges of the court failed to vote for en banc rehearing. Fed. R. App. P. 35(f).

The petition for rehearing and the petition for rehearing en banc, filed May 5, 2017, are DENIED.