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NAT'L ASS'N OF AFRICAN AMER.-OWNED MEDIA v. CHARTER

No. 17-55723.

915 F.3d 617 (2019)

NATIONAL ASSOCIATION OF AFRICAN AMERICAN-OWNED MEDIA, a California Limited Liability Company; Entertainment Studios Networks, Inc., a California Corporation, Plaintiffs-Appellees, v. CHARTER COMMUNICATIONS, INC., a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 4, 2019.

Attorney(s) appearing for the Case

Patrick Francis Philbin (argued), Devin S. Anderson , Jeffrey S. Powell , and Paul D. Clement , Kirkland & Ellis LLP, Washington, D.C.; Mark C. Holscher , Kirkland & Ellis LLP, Los Angeles, California; for Defendant-Appellant.

Erwin Chemerinsky (argued), Boalt Hall , University of California, Berkeley, California; David W. Schecter , J. Mira Hashmall , Brian A. Procel , and Louis R. Miller , Miller Barondess LLP, Los Angeles, California; for Plaintiffs-Appellees.

John Bergmayer , Public Knowledge, Washington, D.C., for Amicus Curiae Public Knowledge.

Gregory G. Garre and Charles S. Dameron , Latham & Watkins LLP, Washington, D.C.; Daryl Joseffer and Jonathan Urick , U.S. Chamber Litigation Center, Washington, D.C.; for Amicus Curiae Chamber of Commerce of the United States of America.

Before: MARY M. SCHROEDER, MILAN D. SMITH, JR., and JACQUELINE H. NGUYEN, Circuit Judges.

ORDER

Defendant-Appellant's petition for panel rehearing is GRANTED. The opinion filed November 19, 2018, and reported at 908 F.3d 1190 (2018), is hereby withdrawn. A superseding opinion will be filed concurrently with this order.

Judge M. Smith and Judge Nguyen vote to deny the petition for rehearing en banc, and Judge Schroeder so recommends. The full court has been advised of...

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