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WILLIAM O. GILLEY ENTER. v. ATLANTIC RICHFIELD

No. 06-56059.

588 F.3d 659 (2009)

WILLIAM O. GILLEY ENTERPRISES, INC., a Nevada corporation doing business in California and the estate of William O. Gilley, deceased; Dennis Decota, an individual; Patrick Patrick Palmer, an individual on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. ATLANTIC RICHFIELD COMPANY; Chevron Corporation; Exxon Corporation; Mobil Oil Corporation; Exxon/Mobil Corporation; Shell Oil Company; Texaco Inc.; Tosco Corporation; Ultramar Diamond Shamrock; Valero Corporation; Conoco-Philips Petroleum Corporation; Chevron/Texaco Corporation; Tesoro Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 2, 2009.

Attorney(s) appearing for the Case

Charles M. Kagay, Spiegel, Liao & Kagay LLP, San Francisco, CA, for the plaintiffs-appellants.

Timothy D. Cohelan, Cohelan & Khoury, San Diego, CA, for the plaintiffs-appellants.

Hojoon Hwang, Munger, Tolles & Olson LLP, San Francisco, CA, for the defendant-appellee.

Peter H. Mason, Fulbright & Jaworski LLP, Los Angeles, CA, for the defendant-appellee.

David M. Foster, Fulbright & Jaworski LLP, Washington DC, for defendant-appellee.

Patrick J. Sullivan, Law Offices of Patrick J. Sullivan, Oceanside, CA, for the defendant-appellee.

Before: STEPHEN S. TROTT, RICHARD R. CLIFTON and CONSUELO M. CALLAHAN, Circuit Judges.

ORDER AND OPINION

ORDER

The Opinion filed April 3, 2009, slip op. 4188, and appearing at 561 F.3d 1004 (9th Cir.2009), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit.

The superseding opinion will be filed concurrently with this order. The parties may file an additional petition for rehearing or rehearing en...

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