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SAM FRANCIS FOUNDATION v. CHRISTIE'S, INC.

Nos. 12-56067, 12-56068, 12-56077.

769 F.3d 1195 (2014)

SAM FRANCIS FOUNDATION; Estate of Robert Graham; Chuck Close; Laddie John Dill, Plaintiffs-Appellants, v. CHRISTIE'S, INC., a New York corporation, Defendant-Appellee. Sam Francis Foundation; Estate of Robert Graham; Chuck Close; Laddie John Dill, Plaintiffs-Appellants, v. eBay, Inc., a Delaware corporation, Defendant-Appellee. Estate of Robert Graham; Chuck Close; Laddie John Dill, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Sotheby's, Inc., a New York corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

October 30, 2014.

Attorney(s) appearing for the Case

Ira Bibbero , Eric M. George, Esquire , Browne George Ross LLP Los Angeles, CA, for Plaintiffs-Appellants.

Hillary A. Hamilton , Jason D. Russell , Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA, Michael Mcintosh , Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC, for Defendant-Appellee.

ORDER

THOMAS, Circuit Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3.

Judges Wardlaw and Nguyen did not participate in the deliberations or vote...

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