Jerry VAUGHN; Theresa Travers, Plaintiffs-Appellants,
v.
BAY ENVIRONMENTAL MANAGEMENT, INC.; Pina J. Barbieri; Caesar Nuti; Dennis Varni; FSC Securities Corporation; Jerrold N. Weinberg, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted May 12, 2008.
Filed September 19, 2008.
Amended June 4, 2009.
Attorney(s) appearing for the Case
Teresa S. Renaker, Lewis Feinberg Lee Renaker & Jackson, P.C., Oakland, CA, for the plaintiffs-appellants.
Nicole A. Diller (argued), D. Ward Kallstrom, Andrew C. Sullivan, Morgan Lewis & Bockius, LLP, San Francisco, CA, for defendants-appellees Bay Environmental Inc., Caesar Nuti, and Dennis Varni.
Bernard Gehlhar (argued), James D. Boughey, Reina G. Minoya, Wilson Elser Moskowitz Edelman & Dicker, LLP, San Francisco, CA, for defendants-appellees FSC Securities Corp. and Jerrold N. Weinberg.
Elizabeth Hopkins, U.S. Dep't of Labor, Washington, DC, as amicus curiae supporting plaintiffs-appellants.
Before: B. FLETCHER and PAMELA ANN RYMER, Circuit Judges, and KEVIN THOMAS DUFFY, Senior District Judge.
United States Court of Appeals, Ninth Circuit.
ORDER AND AMENDED OPINION
ORDER
The opinion filed on September 19, 2008 and appearing at 544 F.3d 1008 (9th Cir. 2008), is amended as follows. At 544 F.3d at 1010, delete the paragraph in Section II and substitute the following paragraph in its stead:
Although the district court dismissed the case for lack of subject matter jurisdiction, a dismissal for lack of statutory standing is properly viewed as a dismissal...
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