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PACIFIC SHORES PROPERTIES v. CITY OF NEWPORT BEACH

Nos. 11-55460, 11-55461.

746 F.3d 936 (2014)

PACIFIC SHORES PROPERTIES, LLC, a California limited liability company; Alice Conner; Sean Wiseman; Terri Bridgeman, Plaintiffs-Appellants, Andrew Blair, Plaintiff, v. CITY OF NEWPORT BEACH, a California municipal corporation, Defendant-Appellee. Newport Coast Recovery LLC, a California Limited Liability Company; Yellowstone Women's First Step House, Inc., Plaintiffs-Appellants, v. City of Newport Beach, a California municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 4, 2014.

Attorney(s) appearing for the Case

Christopher Brancart , Elizabeth Brancart, Esquire , Brancart & Brancart, Pescadero, CA, Steven Polin , Law Offices of Steven G. Polin, Washington, DC, for Plaintiffs-Appellants.

Toussaint Salim Bailey, Esquire , Patrick Bobko , Thomas Peter Pierce , Richards, Watson & Gershon, Los Angeles, CA, Kyle E. Rowen , Wesierski & Zurek LLP, Irvine, CA, for Defendant-Appellee.

Before: ALEX KOZINSKI, Chief Judge, and STEPHEN REINHARDT and SIDNEY R. THOMAS, Circuit Judges.

ORDER

A sua sponte call for a vote on rehearing this case en banc was made by an active judge of this court. The call failed to receive a majority of the votes of the nonrecused active judges. Fed. R.App. P. 35. The sua sponte en banc call is rejected.

Judge O'SCANNLAIN's dissent from denial of rehearing en banc is filed concurrently with this Order.

O'SCANNLAIN, Circuit Judge, joined by TALLMAN...

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