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BINDER v. GILLESPIE

No. 97-35943.

184 F.3d 1059 (1999)

Albert BINDER; Estelle Binder, in their individual capacities and on behalf of one or more classes of persons similarly situated, Plaintiffs-Appellants, v. Thomas GILLESPIE; Marie Mullen Gillespie; T. Gordon Sim; Diane L. Karban; John A. Good, Defendants, Ian R. Wilson; Cary S. Fitchey; Mark L. Stevens; Deloitte & Touche; Mark Stevenson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 30, 1999.

Opinion Withdrawn July 26, 1999.

Decided July 26, 1999.

Attorney(s) appearing for the Case

Robert H. Bretz, Marina del Ray, California, for the plaintiffs-appellants.

Jeffery J. Ventrella, Elam & Burke, Boise, Idaho, for defendants-appellees Wilson, Fitchey, and Stevens.

Lois D. Thompson and Erik M. Silber, Proskauer Rose, Los Angeles, California, for defendant-appellee Deloitte & Touche.

Before: SKOPIL, FARRIS, and REINHARDT, Circuit Judges.

ORDER

The majority opinion and dissent, reported at 172 F.3d 649 (9th Cir.1999), is hereby withdrawn and superseded by the attached majority opinion and dissent. With the filing of these opinions, Judges Skopil and Farris vote to deny the petition for rehearing; Judge Reinhardt votes to grant rehearing. Accordingly, the petition for rehearing is DENIED.

The new majority opinion...

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