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THEIS RESEARCH, INC. v. BROWN & BAIN

No. 02-16839.

400 F.3d 659 (2004)

THEIS RESEARCH, INC., an Illinois corporation, Plaintiff-Appellant, v. BROWN & BAIN, a California and Arizona law firm, and such present and former Brown & Bain partners, associates, and other personnel responsible for the management and trial of all litigation involving Peter F. Theis and Theis Research, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 20, 2004.

Amended February 18, 2005.

Attorney(s) appearing for the Case

Paul R. Johnson, Oakland, CA, for the plaintiff-appellant.

Paul Renne, San Francisco, CA, for the defendant-appellee.

Before THOMPSON and TROTT, Circuit Judges, and WEINER, Senior District Judge.

ORDER

The opinion in Theis Research, Inc. v. Brown & Bain, published at 386 F.3d 1180 (9th Cir.2004), is amended as follows:

1. At page 1184, the first sentence of the last beginning paragraph on that page is deleted. The deleted sentence reads:

Our conclusion that we measure the amount in controversy by the amount at stake in the underlying litigation...

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