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KELLY v. ARRIBA SOFT CORP.

No. 00-55521.

336 F.3d 811 (2003)

Leslie A. KELLY, an individual, dba Les Kelly Publications, dba Les Kelly Enterprises, dba Show Me The Gold, Plaintiff-Appellant, v. ARRIBA SOFT CORPORATION, an Illinois Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Filed February 6, 2002.

Withdrawn July 7, 2003.

Refiled July 7, 2003.

Attorney(s) appearing for the Case

Charles D. Ossola, Arnold & Porter, Washington, DC, for the plaintiff-appellant.

Steven Krongold, Arter and Hadden, Irvine, CA, for the plaintiff-appellant.

Judith B. Jennison, Perkins Coie LLP, San Francisco, CA, for the defendant-appellee.

Victor S. Perlman, American Society of Media Phographers, Inc., Philadelphia, PA, for amici curiae National Music Publishers' Association.

Laura W. Brill and Elliot Brown, Irell & Manella, L.L.P., Los Angeles, CA, for amici curiae AltaVista Co., Google, Inc., and Yahoo! Inc.

Fred von Lohmann, Electronic Frontier Foundation, San Francisco, CA, for amici curiae Electronic Frontier Foundation.

Before: B. FLETCHER, T.G. NELSON, and BERZON, Circuit Judges.

ORDER

T.G. NELSON, Circuit Judge.

The Opinion filed February 6, 2002, and appearing at 280 F.3d 934 (9th Cir.2002), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit.

Therefore, Appellee's petition for rehearing and the petition for rehearing en banc are DENIED as moot.

OPINION

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