ATLANTA JOURNAL v. ATLANTA DEPT. OF AVIATION, 298 F.3d 1251 (11th Cir. 2002)
ATLANTA JOURNAL AND CONSTITUTION, USA Today, a division of GannettSatellite Information Network ("GANSAT"), Inc., Plaintiffs-Appellees, NewYork Times Company, d.b.a. The New York Times, Intervenor-Plaintiff,Appellee, v. The CITY OF ATLANTA DEPARTMENT OF AVIATION, Benjamin R.Decosta, in his official capacity as Aviation General Manager, City ofAtlanta, Mario Diaz, in his official capacity as Aviation Deputy GeneralManager, City of Atlanta, Shirley Franklin, in her official capacity asMayor, City of Atlanta, Defendants-Appellants.Page 1252Atlanta Journal and Constitution, USA Today, Plaintiffs-Appellees, NewYork Times Company, d.b.a. The New York Times, Intervenor-Plaintiff,Appellee, v. The City of Atlanta Department of Aviation, Benjamin R.Decosta, in his official capacity as Aviation General Manager, City ofAtlanta, Mario Diaz, in his official capacity as Aviation Deputy GeneralManager, City of Atlanta, Shirley Franklin, in her official capacity asMayor, City of Atlanta, Defendants-Appellants. USA Today, a division ofGannett Satellite Information Network ("GANSAT"), Inc.,Plaintiff-Appellee, New York Times Company, d.b.a. The New York Times,Intervenor-Plaintiff, Appellee, v. City of Atlanta Department of Aviation,Benjamin R. Decosta, in his official capacity as Aviation General Manager,City of Atlanta, Mario Diaz, in his official capacity as Aviation DeputyGeneral Manager, City of Atlanta, Shirley Franklin, in her officialcapacity as Mayor, City of Atlanta, Defendants-Appellants.
Nos. 00-14413, 00-15181 and 00-15185.United States Court of Appeals, Eleventh Circuit.
July 24, 2002.
William H. Boice, Michael W. Tyler, R. Scott Tewes, Kilpatrick Stockton, LLP, Atlanta, GA, for Appellants.
Peter Crane Canfield, Sean Richard Smith, Dow, Lojhnes
Albertson, James C. Rawls, Eric P. Schroeder, Powell, Goldstein, Frazer Murphy, Atlanta, GA, Alice Neff Lucan, Washington, DC, for Appellees.
Appeals from the United States District Court for the Northern District of Georgia (Nos. 96-01738-CV-RWS-1, 96-01847-CV-RWS-1); Richard W. Story, Judge.
(Opinion, Jan. 4, 2002, 277 F.3d 1322, 11th Cir., 2002)
Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.[fn*]
[fn*] Senior U.S. Circuit Judge James C. Hill has elected to participate in further proceedings in this matter pursuant to28 U.S.C. ยง 46(c).
BY THE COURT:
A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the above causes shall be reheard by this court en banc.
The previous panel's opinion is hereby VACATED.Page 1253