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ATARI CORP. v. ERNST & WHINNEY

Nos. 91-15668, 91-15693.

981 F.2d 1025 (1992)

ATARI CORPORATION, a Nevada corporation, Plaintiff-Appellant, v. ERNST & WHINNEY, a partnership; Goldman Sachs, a partnership; Wilfred Schwartz, Keith Powell; Merrill Lyons; Michael A. Pastore; Hyman Hershow; Marc Laulhere; Jack W. Minor, individuals, Defendants-Appellees. ATARI CORPORATION, a Nevada corporation, Plaintiff-Appellee, v. ERNST & WHINNEY, a partnership; Goldman Sachs, a partnership, Defendants, and Wilfred Schwartz, Keith Powell; Merrill Lyons; Michael A. Pastore; Hyman Hershow; Marc Laulhere; Jack W. Minor, individuals, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 22, 1992.

As Amended on Grant of Rehearing December 10, 1992.

Attorney(s) appearing for the Case

Jonathan P. Hayden, Heller, Ehrman, White & McAuliffe, San Francisco, CA, Matthew S. Steinberg, Inman, Weisz & Steinberg, Beverly Hills, CA, and Robert A. Sacks, Sullivan & Cromwell, Los Angeles, CA, for appellees-appellants.

John W. Clark, Clark & Korda, San Jose, CA, for appellant-appellee.

Before: ALARCON, HALL, and KLEINFELD, Circuit Judges.

ORDER

Appellant Atari's petition for rehearing is GRANTED. The opinion filed July 22, 1992, is amended as follows: [Editor's Note: These amendments have been incorporated into the published opinion.]

Appellant Atari's motion to correct the record to include the transcript of the pretrial conference is GRANTED.

OPINION

CYNTHIA HOLCOMB HALL, Circuit Judge:

Atari Corporation ("Atari") appeals...

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