U.S. Court of Appeals for the Ninth Circuit, 2008

Sprint Telephony PCS, L.P. v. County of San Diego

U.S. Court of Appeals for the Ninth Circuit · Decided May 14, 2008 · Kozinski

527 F.3d 791; 2008 U.S. App. LEXIS 10421 (Federal Reporter, Third Series)

Opinion of the Court

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonre-cused active judges,1 it is ordered that this *792case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

. Judges McKeown and M. Smith are re-cused.

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