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FREUND v. NYCOMED AMERSHAM

Nos. 01-56491, 01-56494.

347 F.3d 752 (2003)

Jeffrey R. FREUND, Plaintiff-Appellee-Cross-Appellant, v. NYCOMED AMERSHAM, a business entity, form unknown; Amersham Holdings, Inc.; Nycomed Amersham Imaging, a division of Nycomed Amersham; Amersham/Medi-Physics, Inc., a division of Nycomed Amersham, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 21, 2003.

Attorney(s) appearing for the Case

Diane Westwood Wilson and Andrew J. Harakas, Condon & Forsyth LLP, New York, NY, for the defendants-appellants-cross-appellees.

John S. Adler, San Diego, California, for the plaintiff-appellee-cross-appellant.

Before: William C. CANBY, Jr., Ronald M. GOULD, and Marsha S. BERZON, Circuit Judges.

Argued and Submitted November 5, 2002 — Pasadena, California.

Opinion by Judge CANBY; Dissent by Judge GOULD.

ORDER

Judges Canby and Berzon have voted to grant the petition for panel rehearing in part and to deny it in part. Judge Gould has voted to grant the petition. The petition of Nycomed for panel rehearing is granted in part and denied in part. The majority and dissenting opinions filed in this...

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