SPRINT TELEPHONY PCS, L.P., a Delaware limited partnership v. Nos. 05-56076 05-56435 COUNTY OF SAN DIEGO

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 SPRINT TELEPHONY PCS, L.P., a
Delaware limited partnership,
Plaintiff-Appellant-
Cross-Appellee,
and
PACIFIC BELL WIRELESS LLC, a
Nevada limited liability company,
dba Cingular Wireless,
Plaintiff,
v. Nos. 05-56076
05-56435 COUNTY OF SAN DIEGO; GREG COX,
in his capacity as supervisor of the D.C. No. County of San Diego; DIANNE CV-03-1398-BTM
JACOB, in her capacity as ORDERsupervisor of the County of San
Diego; PAM SLATER, in her
capacity as supervisor of the
County of San Diego; RON
ROBERTS, in his capacity as
supervisor of the County of San
Diego; BILL HORN, in his capacity
as supervisor of the County of San
Diego,
Defendants-Appellees-
Cross-Appellants. 
Filed May 14, 2008
5759

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KOZINSKI, Chief Judge:
Upon the vote of a majority of nonrecused active judges,1
it is ordered that this case be reheard en banc pursuant to Cir-
cuit Rule 35-3. The three-judge panel opinion shall not be
cited as precedent by or to any court of the Ninth Circuit.
1Judges McKeown and M. Smith are recused.
5760 SPRINT TELEPHONY PCS v. COUNTY OF SAN DIEGO

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