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M2 SOFTWARE INC. v. M2 COMMUNICATIONS, L.L.C.

No. 03-56602.

463 F.3d 868 (2006)

M2 SOFTWARE INC., a Delaware corporation, Plaintiff-Appellant, v. M2 COMMUNICATIONS, L.L.C., a of California, limited liability company; Jeff Moseley, an individual; Gaylord Entertainment Inc., a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

August 21, 2006.

Attorney(s) appearing for the Case

Toula Arvanitis-Dalpe, Law Office of Toula Arvanitis, Anaheim Hills, CA, Denise M. Demory, Esq., De Mory & Grigg P.C., Mark L. Pettinari, Esq., Lanahan & Reilley, LLP, San Francisco, CA, for Plaintiff-Appellant.

Anthony M. Keats, Keats, Mcfarland & Wilson, Beverly Hills, CA, Mark Hayes Wildasin, Waller Lansden Dortch & Davis, LLP, Nashville, TN, David K. Caplan, for Defendants-Appellees.

Before HARRY PREGERSON, WILLIAM C. CANBY, JR., and ROBERT R. BEEZER, Circuit Judges.

ORDER

Appellant M2 Software's motion to recall the mandate and vacate the opinion in the above case is DENIED. M2 Software's request that the recusal motion be assigned to a new panel is DENIED. M2 Communications' request for sanctions against M2 Software is also DENIED.

PREGERSON, Circuit Judge, specially concurring:

I concur in the court's order.

To set the matter straight, at the time this case...

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