ILETO v. GLOCK INC.

No. 02-56197.

370 F.3d 860 (2004)

Lilian S. ILETO, an individual and mother to Joseph S. Ileto, deceased; Joshua Stepakoff, a minor, by his parents Loren Lieb and Alan B. Stepakoff; Mindy Gale Finkelstein, a minor, by her parents David and Donna Finkelstein; Benjamin Kadish, a minor by his parents Eleanor and Charles Kadish; Nathan Lawrence Powers, a minor by his parents Gail and John Michael Powers, for himself and on behalf of a class of persons similarly situated, Plaintiffs-Appellants, v. GLOCK INC., a Georgia Corporation; China North Industries Corp., a Chinese entity aka Norinco; Davis Industries, a California Corporation; Republic Arms Inc., a California Corporation; Jimmy L. Davis, an individual; Bushmaster Firearms, a Maine Corporation; RSR Management Corporation; RSR Wholesale Guns Seattle Inc., Defendants-Appellees, and Maadi, an Egyptian business entity; Imbel, a Brazilian business entity; The Loaner Pawnshop Too, a Washington Corporation; David McGee, an individual; Glock GMBH, an Austrian business entity, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed May 28, 2004.


Attorney(s) appearing for the Case

Peter Nordberg, Berger & Montague, P.C., Philadelphia, PA, Frank D. Hobbs, Rutter Hobbs & Davidoff, Los Angeles, CA, Sayre Weaver, La Habra, CA, Richard Lewis, Cohen, Millstein, Hausferl & Toll PLLC, Washington, DC, David Kairys, Philadelphia, PA, Joshua M. Horwitz, Washington, DC, for Plaintiffs-Appellants.

Robert Tafoya, Akin, Gump, Strauss, Huer & Feld, Los Angeles, CA, Mark T. Palin, Arter & Hadden, Irvine, CA, John f. Renzulli, Christopher Renzulli, Renzulli, Pisciotti & Renzulli, LLP, New York, NY, Charles H. Dick, Jr., Baker & McKenzie, San Diego, CA, Stephen H. Zell, Madory, Booth, Zell & Pleiss, Law Offices, Tustin, CA, Daniel K. Dik, Fonda & Fraser, LLP, Los Angeles, CA, John F. Renzulli, Renzulli & Rutherford, LLP, New York, NY, for Defendants-Appellees.

Before: HALL, THOMAS, and PAEZ, Circuit Judges.


ORDER

The panel majority has voted to deny the petition for panel rehearing and petition for rehearing en banc. Judge Hall voted to grant the petition for panel rehearing, and recommended granting the petition for rehearing en banc.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor...

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