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WAGH v. METRIS DIRECT, INC.

No. 02-15580.

352 F.3d 1187 (2003)

Shirish WAGH, Plaintiff-Appellant, v. METRIS DIRECT, INC.; Metris Direct Services, Inc.; Metris Companies, Inc.; DirectAlert, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 7, 2003.

Amended December 15, 2003.

Attorney(s) appearing for the Case

Ernest M. Thayer, San Francisco, California, for the plaintiff-appellant.

Tomio B. Narita and David B. Moyer, San Francisco, California, for the defendants-appellees.

Before: Betty B. FLETCHER, A. Wallace TASHIMA, Circuit Judges, and Louis H. POLLAK, District Judge.

Argued and Submitted October 7, 2003 — San Francisco, California.

ORDER AMENDING OPINION AND DENYING REHEARING AND AMENDED OPINION

ORDER

This court's opinion, filed November 7, 2003, is amended as follows:

1. The last full paragraph of the opinion, on slip op. 15949, is deleted and replaced with the following two paragraphs:

In his response to the first motion to dismiss his RICO claims, Wagh requested that the district...

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