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REIN v. PROVIDIAN FINANCIAL CORP.

No. 99-16346.

270 F.3d 895 (2001)

Carole M. REIN; Paul M. Driscoll; William F. Croce; Tina W. Croce; and Paul Frenette, Plaintiffs-Appellants, v. PROVIDIAN FINANCIAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion filed June 11, 2001.

Amended November 5, 2001.

Attorney(s) appearing for the Case

Paul W. Mollica and Michael M. Mulder of Meites, Mulder, Burger & Mollica, Chicago, Illinois, and Jordan M. Lewis of Siegel, Brill, Greupner, Duffy & Foster, P.A., Minneapolis, Minnesota, for the plaintiffs-appellants.

Peter S. Hecker and Daniel K. Slaughter of Heller, Ehrman, White & McAuliffe, San Francisco, California, and Gary S. Caplan, Marc Kieselstein, and David E. Lieberman of Sachnoff & Weaver, Ltd., Chicago, Illinois, for the defendant-appellee.

Before: Diarmuid F. O'Scannlain and William A. Fletcher, Circuit Judges, and Robert J. Kelleher, District Judge.

ORDER

KELLEHER, District Judge:

Appellee's petition for rehearing filed on June 25, 2001, is hereby granted without further oral argument. Judge O'Scannlain and Judge Fletcher have voted to deny Appellee's petition for rehearing en banc. Judge Kelleher so recommends. The amended opinion is filed herewith.

OPINION

We have before us the question of whether the district court erred in dismissing appellant-debtors' complaint under Federal Rule...

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