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LOPEZ v. WASHINGTON MUTUAL BANK

No. 01-15303.

302 F.3d 900 (2002)

Luis LOPEZ, individually and on behalf of the General Public; Barbara Bowman; Gary D. Miller, Jr., individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. WASHINGTON MUTUAL BANK, FA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Amended Opinion filed May 9, 2002.

Opinion Withdrawn and Filed August 6, 2002.

Attorney(s) appearing for the Case

Robert D. Newman (argued), Western Center on Law & Poverty, Los Angeles, CA. Appearances only by Helen H. Kang, Golden Gate University, San Francisco, CA; Kyra Kazantzis, Mental Health Advocacy Project, Law Foundation of Silicon Valley, San Jose, CA; Gerald A. McIntyre, National Senior Citizens Law Center, Los Angeles, CA; and Dean Paik, Cohen & Paik, San Francisco, CA, for the plaintiffs-appellants.

Matthew L. Larrabee (argued), Heller Ehrman White & McAuliffe, San Francisco, CA. Appearance only by Scott E. Morgan, Heller Ehrman White & McAuliffe, San Francisco, CA, for the defendant-appellee.

Before: D.W. NELSON, NOONAN and HAWKINS, Circuit Judges.

Opinion by Judge MICHAEL DALY HAWKINS; Concurrence by Judge NOONAN.

ORDER

Appellee's Petition for Rehearing is GRANTED. The Amended Opinion filed on May 9, 2002, and appearing at 284 F.3d 990 (9th Cir.2002), is withdrawn. An Opinion will be filed contemporaneously with this Order.

OPINION

MICHAEL DALY HAWKINS, Circuit Judge.

We must decide whether the statutory protections afforded Social Security...

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