                                                                [PUBLISH]

             IN THE UNITED STATES COURT OF APPEALS

                    FOR THE ELEVENTH CIRCUIT              FILED
                                                 U.S. COURT OF APPEALS
                  ________________________________ ELEVENTH CIRCUIT
                                                          JULY 24, 2002
                            No. 00-14413                THOMAS K. KAHN
                  ________________________________          CLERK

                     D.C. Docket No. 96-01738-CV

ATLANTA JOURNAL AND
CONSTITUTION, USA TODAY,
a division of Gannett
Satellite Information Network
("GANSAT"), Inc.                                    Plaintiffs-Appellees,

NEW YORK TIMES COMPANY,
d.b.a. The New York Times,

                                                   Intervenor-Plaintiff,
                                                   Appellee,

versus

THE 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 Deputy
General Manager, City of Atlanta,
SHIRLEY FRANKLIN, in her official
capacity as Mayor, City of Atlanta,

                                                   Defendants-Appellants.
                        _______________________

                              No. 00-15181
                        _______________________
                  D. C. Docket No. 96-01738-CV-RWS-1
ATLANTA JOURNAL AND
CONSTITUTION,
USA TODAY,

                                                            Plainiffs-Appellees,

NEW YORK TIMES COMPANY,
d.b.a. The New York Times,


                                                          Intervenor-Plaintiff,
                                                          Appellee,

      versus

THE 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 Deputy General Manager,
City of Atlanta, SHIRLEY FRANKLIN,
in her official capacity as Mayor,
City of Atlanta,


                                                          Defendants-Appellants.
                                _______________________

                                 No. 00-15185
                           _______________________
                     D. C. Docket No. 96-01847-CV-RWS-1

USA TODAY, a division of
Gannett Satellite Information
Network ("GANSAT"), Inc.,




                                                          Plaintiff-Appellee,

                                          2
NEW YORK TIMES COMPANY,
d.b.a. The New York Times,


                                                      Intervenor-Plaintiff,
                                                                Appellee,

    versus

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
Deputy General Manager, City of
Atlanta, SHIRLEY FRANKLIN, in her
official capacity as Mayor, City of
Atlanta,


                                         Defendants-Appellants.
     _________________________________________________________________

              Appeals from the United States District Court
                  for the Northern District of Georgia
_________________________________________________________________

         (Opinion January 4, 2002, 277 F.3d . 1322, 11th Cir., 2002)

                               (July 24, 2002)


Before EDMONDSON, Chief Judge, TJOFLAT, ANDERSON, BIRCH,
DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON,
Circuit Judges*.


BY THE COURT:



                                     3
        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.

___________________________________
*Senior U. S. Circuit Judge James C. Hill has elected to participate in further proceedings in this
 matter pursuant to 28 U.S.C. § 46(c).




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