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FANTASYLAND VIDEO, INC. v. COUNTY OF SAN DIEGO

No. 05-56026.

496 F.3d 1040 (2007)

FANTASYLAND VIDEO, INC., Plaintiff-Appellant, v. COUNTY OF SAN DIEGO, of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

August 7, 2007.

Attorney(s) appearing for the Case

Clyde DeWitt, Weston, Garrou, DeWitt & Walters, Los Angeles, CA, for Plaintiff-Appellant Fantasyland Video, Inc.

Thomas D. Bunton, San Diego, CA, for Defendant-Appellee County of San Diego.

G. Randall Garrou, Weston, Garrou, DeWitt & Walters, Los Angeles, CA, for Amicus Curiae Beverly Books, Inc.

Scott D. Bergthold, Law Office of Scott D. Bergthold, P.L.L.C., Chattanooga, TN, for Amicus Curiae League of California Cities, et al.

Before: BARRY G. SILVERMAN, W. FLETCHER, and RICHARD R. CLIFTON, Circuit Judges.

Prior report: S.D.Cal., 373 F.Supp.2d 1094

ORDER

We respectfully request that the California Supreme Court exercise its discretion and decide the certified question set forth in Part I of this order. This case is withdrawn from submission and further proceedings in this court are stayed pending final action by the California Supreme Court. The parties shall notify the Clerk of this Court within one week after the...

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