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SOUTHERN UNION CO. v. IRVIN

No. 06-17347.

563 F.3d 788 (2009)

SOUTHERN UNION COMPANY, Plaintiff-Appellee, v. James M. IRVIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 7, 2008.

Amended March 27, 2009.

Attorney(s) appearing for the Case

Robert A. Mandel, Greenberg Traurig, LLP, Phoenix, AR, for the defendant-appellant.

Tom Q. Ferguson, Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa, OK, for the plaintiff-appellee.

Order: Concurrence by Judge REINHARDT; Dissent by Judge NOONAN.

ORDER AMENDING ORDER OF NOVEMBER 7, 2008, AND DENYING PETITION FOR REHEARING EN BANC AND AMENDED ORDER

REINHARDT, Circuit Judge, concurring:

ORDER

Upon further consideration,1 we amend our order filed November 7, 2008, and commencing at slip op. 152812 as follows:

(1) We add the footnote reference "4" following the word "remittitur" at slip op. 15285, seventh line (1233).

...

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