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McCOY v. CHASE MANHATTAN BANK, USA, NATIONAL ASS'N

No. 06-56278.

654 F.3d 971 (2011)

James A. McCOY, on behalf of himself and all others similarly situated, Plaintiff-Appellant v. CHASE MANHATTAN BANK, USA, NATIONAL ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

August 19, 2011.

Attorney(s) appearing for the Case

Barry L. Kramer , Law Offices of Barry L. Kramer, Los Angeles, CA, for the plaintiff-appellant.

Noah A. Levine , Wilmer Cutler Pickering Hale and Dorr, New York, NY, and Daniel S. Volchok , Wilmer Cutler Pickering Hale and Dorr, Washington, DC, for the defendant-appellee.

Before: RICHARD D. CUDAHY, HARRY PREGERSON, and MICHAEL DALY HAWKINS, Circuit Judges.

HAWKINS, Senior Circuit Judge:

ORDER

The Opinion and Dissent filed March 16, 2009, and appearing at 559 F.3d 963 (9th Cir.2009), are withdrawn. They may not be cited as precedent by or to this court or any district court of the Ninth Circuit.

OPINION

James A. McCoy ("McCoy") brought this action on behalf of himself and others similarly situated against Chase Manhattan Bank, USA, N.A. ("Chase"), alleging...

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