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MINORITY TELEVISION PROJECT, INC. v. F.C.C.

No. 09-17311.

704 F.3d 1009 (2012)

MINORITY TELEVISION PROJECT, INC., Plaintiff-Appellant, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Defendants-Appellees, and Lincoln Broadcasting Company, Intervenor.

United States Court of Appeals, Ninth Circuit.

November 21, 2012.

Attorney(s) appearing for the Case

John L. Fitzgerald , Andrew A. August , Pinnacle Law Group, San Francisco, CA, Walter Elmer Diercks, Esquire , Rubin, Winston, Diercks, Harris & Cooke, LLP, Washington, DC, for Plaintiff-Appellant.

Samantha Lee Chaifetz , James J. Fredericks , Robert Nicholson , Mark B. Stern , Abby Christine Wright, U.S. Department of Justice, Daniel M. Armstrong, III , Associate General Counsel, William H. Davenport , Joel Marcus , Kenneth M. Scheibel , Pamela L. Smith , Federal Communications Commission, Washington, DC, Melissa Katherine Brown Sladden , Assistant U.S., Office of the U.S. Attorney, San Francisco, CA, for Defendants-Appellees.

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Fed. R.App. P. 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the...

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