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CHULA VISTA CIT'S FOR JOBS & FAIR COMP. v. NORRIS

No. 12-55726.

768 F.3d 1081 (2014)

CHULA VISTA CITIZENS FOR JOBS AND FAIR COMPETITION; Lori Kneebone; Larry Breitfelder; Associated Builders and Contractors of San Diego, Inc., Plaintiffs-Appellants, v. Donna NORRIS; Mayor Cheryl Cox; Pamela Bensoussan; Steve Castaneda; John McCann, in his official capacity as Member of the Chula Vista City Council; Rudy Ramirez, Jr., in his official Capacity as Member of the Chula Vista City Council, Defendants-Appellees, State of California, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

October 7, 2014.

Attorney(s) appearing for the Case

Charles Herbert Bell, Jr., Esquire , Bell, McAndrews and Hiltachk, Sacramento, CA, James Bopp, Jr., Esquire , Richard Eugene Coleson , Jeffrey Gallant , The Bopp Law Firm, Terre Haute , IN, Gary D. Leasure , Law Offices of Gary D. Leasure, San Diego, CA, for Plaintiffs-Appellants.

Charles A. Bird , McKenna Long & Aldridge LLP, Edward Patrick Swan, Jr., Esquire , Jones Day , San Diego, CA, Bart Chase Miesfeld, City, Office of the City Attorney, Chula Vista, CA, for Defendants-Appellees.

George Michael Waters , AGCA-Office of the California Attorney General, Sacramento, CA, for Intervenor-Defendant-Appellee.

ORDER

THOMAS, Circuit Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 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 Ninth Circuit.

Judge OWENS did not participate in the deliberations or vote...

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