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SATERIALE v. R.J. REYNOLDS TOBACCO CO.

No. 11-55057.

697 F.3d 777 (2012)

Amanda SATERIALE; Jeffrey Feinman; Pamela Burns; Donald Wilson; Patrick Griffiths; Jackie Warren; Heather Polese; Richard Holter; Dan Polese; Fred Javaheri, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 13, 2012.

Amended October 15, 2012.

Attorney(s) appearing for the Case

Jeffrey H. Squire (argued), Lawrence P. Eagel and Raymond A. Bragar , Bragar Wexler Eagel & Squire, P.C., New York, NY; Lionel Z. Glancy and Marc L. Godino , Glancy Binkow & Goldberg LLP, Los Angeles, CA, for the plaintiffs-appellants.

Marc K. Callahan , John A. Vogt (argued) and Corbett H. Williams , Jones Day, Irvine, CA, for the defendant-appellee.

Before: JOHN T. NOONAN, JR., and RAYMOND C. FISHER, Circuit Judges, and KIMBERLY J. MUELLER, District Judge.

ORDER

The opinion filed July 13, 2012, and reported at 687 F.3d 1132, is amended as follows:

At slip opinion page 8097, 687 F.3d at 1143, after the sentence <The presence of discretion thus does not preclude the existence of an offer.>, insert the following new footnote:

<In its petition for rehearing, RJR argues that the plaintiffs have asserted only a...

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