Team Enterprises, LLC v. WESTERN INVESTMENT REAL ESTATE TRUST, AKA Western Properties Trust

The Honorable Amy J. St. Eve, District Judge for the U.S. District*
Court for Northern Illinois, Chicago, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TEAM ENTERPRISES, LLC,
Plaintiff - Appellant,
v.
WESTERN INVESTMENT REAL
ESTATE TRUST, AKA Western
Properties Trust,
Defendant,
and
MULTIMATIC CORPORATION, now
known as Kirrberg Corporation and
MULTIMATIC LLC,
Defendants - Appellees.
No. 10-16486
D.C. No. 1:08-cv-00872-LJO-SMS
Eastern District of California,
Fresno
ORDER
Before: O’SCANNLAIN and GOULD, Circuit Judges, and ST. EVE, District
Judge.*
The memorandum disposition filed in this case on July 26, 2011 is amended
as follows:
FILED
SEP 26 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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On page 4, lines 4-5, replace “Multimatic asks us to reverse the district
court’s decision denying Multimatic’s motion” with “Team asks us to reverse the
district court’s decision denying Team’s motion.”
The panel has voted to deny the petition for rehearing with suggestion for
rehearing en banc. The panel has voted unanimously to deny the petition for
rehearing. Judges O’Scannlain and Gould have voted to deny the suggestion for
rehearing en banc, and Judge St. Eve has so recommended. The full court has been
advised of the suggestion for rehearing en banc, and no active judge has requested
a vote on whether to rehear the matter en banc. Fed. R. App. P. 35.
The petition for rehearing and the suggestion for rehearing en banc are
DENIED. No further petitions for rehearing will be entertained.

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