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WYLER SUMMIT PARTNERSHIP v. TURNER BROADCASTING SYSTEM

No. 99-15773.

235 F.3d 1184 (2000)

WYLER SUMMIT PARTNERSHIP, a Partnership, Plaintiff-Appellant, v. TURNER BROADCASTING SYSTEM, INC., a Georgia Corporation; Turner Entertainment Co., a Georgia Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 26, 2000.

Amended December 7, 2000.

Attorney(s) appearing for the Case

Jonathan R. Bass, and Keith Evans-Orville, Coblentz, Patch, Duffy & Bass, LLP, San Francisco, California, for the plaintiff-appellant.

M. Laurence Popofsky, and Christian E. Mammen, Heller Ehrman White & McAuliffe, San Francisco, California, for the defendants-appellees.

Before: DOROTHY W. NELSON, DAVID R. THOMPSON, and STEPHEN S. TROTT, Circuit Judges.

ORDER

The opinion filed October 26, 2000, is hereby amended as follows:

The slip opinion at 13486, lines 1-2, after the sentence that reads: "Because waiver is an equitable doctrine, Turner argues, the `gist' of Wyler Summit's claim is equitable."

[ADD TWO NEW PARAGRAPHS]:

Initially, Turner points to some 19th century California cases involving issues of waiver, and argues that because those cases were tried in courts of equity, any...

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