GOLDEN GATE REST. ASSOC. v. CITY AND CNY OF SAN FRANCISCO

Nos. 07-17370, 07-17372.

558 F.3d 1000 (2009)

GOLDEN GATE RESTAURANT ASSOCIATION, an incorporated non-profit trade association, Plaintiff-Appellee, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant, and San Francisco Central Labor Council; Service Employees International Union, Healthcare Workers-West; Service Employees International Union, Local 1021; Unite Here Local 2, Defendant-intervenors-Appellants. Golden Gate Restaurant Association, an incorporated non-profit trade association, Plaintiff-Appellee, v. City and County of San Francisco, Defendant-Appellant, and San Francisco Central Labor Council; Service Employees International Union, Healthcare Workers-West; Service Employees International Union, Local 1021; Unite Here Local 2, Defendant-intervenors.

United States Court of Appeals, Ninth Circuit.

March 9, 2009.


Attorney(s) appearing for the Case

Curtis A. Cole, Esquire, Joshua Curt Traver, Cole Pedroza, LLP, Pasadena, CA, Richard C. Rybicki, Patrick B. Sutton, Employment Law Advocates, P.C., Napa, CA, David L. Bacon, Esquire, Nixon Peabody LLP, Los Angeles, CA, David S. Foster, Walter T. Johnson, Jeffrey M. Tanenbaum, Esquire, Nixon Peabody LLP, San Francisco, CA, for Plaintiff-Appellee.

Stephen P. Berzon, Esquire, Scott A. Kronland, Stacey Leyton, Altshuler Berson LLP, Vince Chhabria, Esquire, Office of the City Attorney, San Francisco, CA, for Defendant-intervenors-Appellants.

Concurrence by Judge W. FLETCHER; Dissent by Judge MILAN D. SMITH, JR.


ORDER DENYING PETITION FOR REHEARING EN BANC.

ORDER

Judge Reinhardt and Judge Fletcher voted to deny the petition for rehearing en banc, and Judge Goodwin so recommended.

A judge of the court called for a vote on the petition for rehearing en banc. A vote was taken, and a majority of the active judges of the court failed to vote for en banc rehearing. Fed. R.App. P. 35(f). Judge Berzon was recused.

The petition for rehearing en banc, filed...

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