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BATZEL v. SMITH

Nos. 01-56380, 01-56556.

351 F.3d 904 (2003)

Ellen L. BATZEL, a citizen of the State of California, Plaintiff-Appellee, v. Robert SMITH, a citizen of the State of North Carolina; Netherlands Museums Association, an entity of unknown form; Mosler, Inc., a Delaware corporation with its principal place of business in Ohio, Defendants, and Ton Cremers, a citizen or subject of the Netherlands, Defendant-Appellant. Ellen L. Batzel, a citizen of the State of California, Plaintiff-Appellant, v. Robert Smith, a citizen of the State of North Carolina; Netherlands Museums Association, an entity of unknown form; Ton Cremers, a citizen or subject of the Netherlands; Mosler, Inc., a Delaware corporation with its principal place of business in Ohio, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2003.

Attorney(s) appearing for the Case

Howard S. Fredman, Los Angeles, CA, M. Joey Lynch, Law Offices of M. Joey Lynch, Beverly Hills, CA, for Plaintiff-Appellant.

Annemarie Vels Heijn, Director, Netherlands Museums Assocation, Amsterdam, Netherlands, Stephen J. Newman, Latham & Watkins, Robert P. Long, Kinkle, Rodiger & Spriggs, Los Angeles, CA, for Defendant-Appellee.

Before William C. Canby, Jr., Ronald M. Gould, and Marsha S. Berzon, Circuit Judges.

Order; Partial Concurrence and Partial Dissent by Judge Gould.

ORDER

The majority of the panel has voted to deny appellee's petition for rehearing. Judge Berzon has voted to deny the petition for rehearing en banc and Judge Canby so recommends. Judge Gould has voted to grant the petition for rehearing and petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc. A judge of the court requested a vote on...

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