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PAKDEL v. CITY AND COUNTY OF SAN FRANCISCO

No. 17-17504.

977 F.3d 928 (2020)

Peyman PAKDEL; Sima Chegini, Plaintiffs-Appellants, v. CITY AND COUNTY OF SAN FRANCISCO; San Francisco Board of Supervisors; San Francisco Department of Public Works, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 13, 2020.

Attorney(s) appearing for the Case

Jeffrey W. McCoy (argued), James S. Burling , and Erin E. Wilcox , Pacific Legal Foundation, Sacramento, California; Paul F. Utrecht , Utrecht & Lenvin, LLP, San Francisco, California; Thomas W. Connors , Black McCuksey Souers & Arbaugh, LPA, Canton, Ohio; for Plaintiffs-Appellants.

Kristen A. Jensen (argued) and Christopher T. Tom , Deputy City Attorneys; Dennis J. Herrera , City Attorney; Office of the City Attorney, San Francisco, California; for Defendants-Appellees.

Sarah Harbison , Pelican Institute for Public Policy, New Orleans, Louisiana; for Amicus Curiae Pelican Institute for Public Policy.

Kimberly S. Hermann , Southeastern Legal Foundation, Roswell, Georgia; for Amici Curiae Southeastern Legal Foundation, National Federation of Independent Business Small Business Legal Center, and Beacon Center of Tennessee.

Order; Dissent by Judge Collins.

ORDER

Judge Gould and Judge Friedland have voted to deny the petition for rehearing en banc. Judge Bea has voted to grant the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc. A judge of the court requested a vote on en banc rehearing. The matter failed to receive a majority of votes of non-recused active judges in favor of en banc consideration. Fed. R. App. P. 35(f).

The petition for rehearing...

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