Ezaki Glico Kabushiki Kaisha, a Japanese Corporation d/b/a Ezaki Glico v. Lotte International America Corp.

193010po-pdfCourt of Appeals for the Third CircuitOct 8, 2020

Full text

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_______________
No. 19-3010
_______________
EZAKI GLICO KABUSHIKI KAISHA,
a Japanese Corporation d/b/a Ezaki Glico;
EZAKI GLICO USA CORP.,
a California Corporation,
Appellants
v.
LOTTE INTERNATIONAL AMERICA CORP.;
LOTTE CONFECTIONARY CO. LTD.
_______________
(D.N.J. No. 2-15-cv-05477)
_______________
SUR PETITION FOR REHEARING
_______________
Present: SMITH, Chief Judge, and McKEE, AMBRO, CHAGARES, JORDAN,
HARDIMAN, GREENAWAY, JR., SHWARTZ, KRAUSE, RESTREPO,
BIBAS, PORTER, MATEY, and PHIPPS, and FUENTES,* Circuit Judges
The petition for rehearing filed by Appellant in the above-captioned case having been
submitted to the judges who participated in the decision, it is hereby ORDERED that the
petition for rehearing by the panel is GRANTED. The opinion and judgment filed October
8, 2020, are hereby VACATED. A subsequent opinion and judgment are herewith issued.
A majority of the judges of the circuit in regular service not having voted for rehearing,
the petition for rehearing by the Court en banc is DENIED.
* Judge Fuentes’s vote is limited to panel rehearing only.

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By the Court,
s/ Stephanos Bibas
Circuit Judge
Dated: January 26, 20201
Sb/cc: All Counsel of Record

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