Summary
granting rehearing en banc
Summary of this case from Cigar Ass'n of Am. v. U.S. Food & Drug Admin.Opinion
No. 16-16072 No. 16-16073
01-29-2018
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.
ORDER
: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.