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BOSACK v. SOWARD

Nos. 08-35248, 08-35458.

586 F.3d 1096 (2009)

In the Matter of the Arbitration Between, Leonard BOSACK; Sandy Lerner; Cartesian Partners LP; The Leonard Bosack Trust; The Sandy Lerner Trust; Richard Troiano; The & Trust; & Capital Partners; The Leonard X. Bosack and Bette M. Kruger Charitable Foundation, Inc.; Capital Inc., Petitioners-Appellants, v. David C. SOWARD; & Management Company, Respondents-Appellees. In The Matter of The Arbitration Between, Leonard Bosack; Sandy Lerner; Cartesian Partners LP; The Leonard Bosack Trust; The Sandy Lerner Trust; Richard Troiano; The & Trust; & Capital Partners; The Leonard X. Bosack and Bette M. Kruger Order and Charitable Foundation, Inc.; Amended Capital Inc., Petitioners-Appellants, v. David C. Soward; & Management Company, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2009.

Amended October 26, 2009.

Attorney(s) appearing for the Case

Kathleen M. Sullivan, Redwood Shores, CA, for the appellant, Bosack.

Steven Smith, San Francisco, CA, for the appellant, Lerner.

J. Daniel Sharp, San Francisco, CA, for the appellees.

Before: WILLIAM C. CANBY, JR., DAVID R. THOMPSON and N. RANDY SMITH, Circuit Judges.

ORDER AND AMENDED OPINION

ORDER

The slip opinion filed July 23, 2009, 573 F.3d 891, is amended as follows:

At slip opinion page 9514, line 25, 573 F.3d at 900, after <did not disregard or ignore these cases.> insert <Nor did the panel improperly interpret these cases "to render [them] inapplicable to this case." Comedy Club II, 553 F.3d at 1293. Its decision does not, therefore, amount to manifest...

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