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Chula Vista Citizens For Jobs & Fair Competition v. Norris

United States Court of Appeals, Ninth Circuit

October 7, 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

D.C. No. 3:09-cv-00897-BEN-JMA.

For Chula Vista Citizens For Jobs And Fair Competition, Lori Kneebone, Larry Breitfelder, Associated Builders And Contractors of San Diego, Inc., Plaintiffs - Appellants: Charles Herbert Bell Jr., Esquire, BELL, McANDREWS AND HILTACHK, Sacramento, CA; James Bopp Jr., Esquire, Attorney, 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 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, Plaintiffs - Appellants: Charles A. Bird, Attorney, McKenna Long & Aldridge LLP, San Diego, CA; Bart Chase Miesfeld, City Attorney, Office of The City Attorney, Chula Vista, CA; Edward Patrick Swan Jr., Esquire, Attorney, Jones Day, San Diego, CA.

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

For City And County of San Francisco, Amicus Curiae: Joshua Seth White, Andrew N. Shen, Deputy City Attorney, City Attorney's Office, City and County of San Francisco, San Francisco, CA.

For City of Los Angeles, Amicus Curiae: Renee Ann Stadel, Office of the City Attorney, Los Angeles, CA.

For City of Palo Alto, Amicus Curiae: Molly Stump, Attorney, Office of The City Attorney, Palo Alto, CA.

OPINION

Page 1082

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 bye or to any court of the Ninth Circuit.

Judge Owens did not participate in the deliberations or vote in this case.


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