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AMERICAN BEVERAGE v. CITY & CNTY. OF SAN FRANCISCO

Nos. 16-16072, 16-16073.

871 F.3d 884 (2017)

AMERICAN BEVERAGE ASSOCIATION; California Retailers Association, Plaintiffs-Appellants, and California State Outdoor Advertising Association, Plaintiff, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant-Appellee. American Beverage Association; California Retailers Association, Plaintiffs, and California State Outdoor Advertising Association, Plaintiff-Appellant, v. City and County of San Francisco, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2017.

Attorney(s) appearing for the Case

Richard P. Bress (argued), Melissa Arbus Sherry , and Michael E. Bern , Latham & Watkins LLP, Washington, D.C.; James K. Lynch and Marcy C. Priedeman , Latham & Watkins LLP, San Francisco, California; for Plaintiff-Appellant American Beverage Association.

Thomas S. Knox , Knox Lemmon & Anappolsky LLP, Sacramento, California; for Plaintiff-Appellant California Retailers Association.

Theodore B. Olson , Andrew S. Tulumello , and Helgi C. Walker , Gibson Dunn & Crutcher LLP, Washington, D.C.; Charles J. Stevens and Joshua D. Dick , Gibson Dunn & Crutcher LLP, San Francisco, California; for Plaintiff-Appellant California State Outdoor Advertising Association.

Christine Van Aken (argued), Jeremy M. Goldman , and Wayne Snodgrass , Deputy City Attorneys; Dennis J. Herrera , City Attorney; Office of the City Attorney, San Francisco, California; for Defendant-Appellee.

Concurrence by Judge D.W. Nelson.

OPINION

American Beverage Association, California Retailers Association, and the California State Outdoor Advertising Association (we refer to these organizations and their members collectively as "the Associations"), filed suit against the City and County of San Francisco challenging a city ordinance that would require...

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