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SHROYER v. NEW CINGULAR WIRELESS SERVICES, INC.

No. 08-55028.

622 F.3d 1035 (2010)

Kennith SHROYER, Plaintiff-Appellant, v. NEW CINGULAR WIRELESS SERVICES, INC.; AT & T Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 26, 2010.

Amended September 20, 2010.

Attorney(s) appearing for the Case

Robert K. Friedl , Kirtland & Packard LLP, El Segundo, CA; William R. Weinstein , Sanford, Wittels & Heisler, LLP, New York, NY; for the plaintiff-appellant.

Steven P. Rice and Theresa C. Lopez , Crowell & Moring LLP, Irvine, CA, for the defendants-appellees.

Before: WILLIAM C. CANBY, JR., JOHNNIE B. RAWLINSON and N. RANDY SMITH, Circuit Judges.

ORDER AND AMENDED OPINION

The opinion filed in this matter by this court on May 26, 2010, 606 F.3d 658, is amended as follows:

At 606 F.3d at 661, right column, first full paragraph: The final sentence of this paragraph (beginning "We affirm . . .") is amended to state:

We affirm the dismissal of the fraud and unfair competition claims and the dismissal of the claims for declaratory relief with regard to those claims...

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