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MATSUURA v. ALSTON & BIRD

Nos. 97-16400, 97-17033.

179 F.3d 1131 (1999)

David MATSUURA, individually and dba Orchid Isle Nursery, and Stephen Matsuura, individually and dba Hawaiian Dendrobium Farm, Plaintiffs-counter, defendants-Appellants, v. ALSTON & BIRD, a Georgia partnership including professional corporations, Defendant, and E.I. Dupont De Nemours and Company, Inc., a Delaware Corporation, Defendant-counter, plaintiff-Appellee. David Matsuura, individually dba Orchid Isle Nursery; Stephen Matsuura, individually dba Hawaiian Dendrobium Farm, Plaintiffs-Appellants, v. E.I. Dupont De Nemours and Company, Inc., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 2, 1999.

Amended June 25, 1999.

Attorney(s) appearing for the Case

Stephen T. Cox, Molligan, Cox & Moyer, San Francisco, California, for the plaintiffs-appellants.

William H. Boice and A. Stephens Clay, Kilpatrick Stockon, Atlanta, Georgia, for the defendant-appellee.

Before: BROWNING, GOODWIN, and SCHROEDER, Circuit Judges.

The opinion filed February 2, 1999 [166 F.3d 1006], is modified as follows:

Section II, second paragraph, first and second sentences [166 F.3d at 1008]: delete first sentence and add the following footnote to end of the second sentence:

[FN] DuPont makes a bare assertion in a footnote that DiSabatino was wrongly decided, but devotes its argument to distinguishing the case.

The petition...

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