Golden Gate Rest. Assoc. v. City and Cny of San Francisco ( 2009 )

Concurrence by Judge W. FLETCHER; Dissent by Judge MILAN D. SMITH, JR.

ORDER DENYING PETITION FOR REHEARING EN BANC.

ORDER

Judge Reinhardt and Judge Fletcher voted to deny the petition for rehearing en banc, and Judge Goodwin so recommended.

A judge of the court called for a vote on the petition for rehearing en banc. A vote was taken, and a majority of the active judges of the court failed to vote for en banc rehearing. Fed. R.App. P. 35(f). Judge Berzon was recused.

The petition for rehearing en banc, filed October 22, 2008, is DENIED.