AMERICAN BEVERAGE ASSOCIATION; California Retailers Association, Plaintiffs-Appellants, and California State Outdoor Advertising Association, Plaintiff, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant-Appellee; American Beverage Association; California Retailers Association, Plaintiffs, and California State Outdoor Advertising Association, Plaintiff-Appellant, v. City and County of San Francisco, Defendant-Appellee

United States Court of Appeals for the Ninth Circuit2018-01-29No. No. 16-16072, No. 16-16073

880 F.3d 1019

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Opinion · public domain

majority opinion

ORDER

THOMAS, Chief Judge:

Upon the vote of a majority of nonre-cused 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.