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SPRINT TELEPHONY PCS, L.P. v. COUNTY OF SAN DIEGO

Nos. 05-56076, 05-56435.

490 F.3d 700 (2007)

SPRINT TELEPHONY PCS, L.P., a Delaware limited partnership, Plaintiff-Appellant-Cross-Appellee, and Pacific Bell Wireless LLC, a Nevada limited liability company, d/b/a Cingular Wireless, Plaintiff, v. COUNTY OF SAN DIEGO; Greg Cox, in his capacity as supervisor of the County of San Diego; Dianne Jacob, in her capacity as supervisor of the County of San Diego; Pam Slater, in her capacity as supervisor of the County of San Diego; Ron Roberts, in his capacity as supervisor of the County of San Diego; Bill Horn, in his capacity as supervisor of the County of San Diego, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2007.

Amended June 13, 2007.

Attorney(s) appearing for the Case

Daniel T. Pascucci, Andrew D. Skale, Nathan R. Hamler, Buchanan Ingersoll LLP, San Diego, CA, for the plaintiff-appellant-cross-appellee.

Thomas D. Bunton, John Sansome, County of San Diego Office of County Counsel, San Diego, CA, for the defendants-appellees-cross-appellants.

Dennis J. Herrera, San Francisco City Attorney, Theresa L. Mueller, Chief Energy & Telecommunications Deputy, Danny Y. Chou, Chief Appellate Deputy, William K. Sanders, Deputy City Attorney, San Francisco, CA, for amici curiae National League of Cities, et al.

Edward L. Donohue, Donohue & Blu PLC, Alexandria, VA, for amici curiae T Mobile USA, Inc. and PCIA.

Before: MYRON H. BRIGHT, A. WALLACE TASHIMA, and CARLOS T. BEA, Circuit Judges.

ORDER

The unopposed motion of the National League of Cities and eight other organizations for leave to file an Amici Curiae brief is granted, and their amici brief in support of the petition for panel rehearing and rehearing en banc, received by the Clerk on April 12, 2007, concurrently with the filing of the motion, is ordered filed. The motion of appellee County of San Diego for leave to file reply in support of its

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