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IN RE COOPER COMMONS, LLC

No. 03-56818.

430 F.3d 1215 (2005)

In re COOPER COMMONS, LLC, Debtor, Weinstein, Eisen & Weiss, LLP, Appellant, v. David A. Gill, Chapter 11 Trustee; Comerica Bank, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2005.

Amended December 7, 2005.

Attorney(s) appearing for the Case

David R. Weinstein, Los Angeles, CA, argued the cause for the appellant; David R. Weinstein and Leonard Peña, Los Angeles, CA, were on the briefs.

Joel R. Ohlgren, Los Angeles, CA, argued the cause for the appellees; John J. Bingham, Jr., John N. Tedford, IV, and David J. McCarty, Los Angeles, CA, were on the briefs.

Before: O'SCANNLAIN and WARDLAW, Circuit Judges, and LOVELL, District Judge.

ORDER

The Court sua sponte recalls the mandate issued on November 18, 2005. The opinion filed on September 13, 2005, and reported at 424 F.3d 963, is hereby amended. The amended opinion is filed concurrently with this order. The Court directs the Clerk to reissue the mandate forthwith.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether a lender to a bankrupt condominium development can effectively...

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