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11-60039 - In re: Gary Ozenne, et al v. Chase Manhattan Bank, et al


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11-60039 - In re: Gary Ozenne, et al v. Chase Manhattan Bank, et al
March 25, 2016
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FILED OPINION (J. CLIFFORD WALLACE, EDWARD LEAVY and JAY S. BYBEE) Parties shall bear their own costs for the appeal.Fed. R. App. P. 34(a)(4). VACATED AND REMANDED. Judge: JCW Authoring, Judge: JSB Concurring & dissenting. FILED AND ENTERED JUDGMENT. [9915191]
July 13, 2016
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Filed Order for PUBLICATION (SIDNEY R. THOMAS) 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. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. [10049267]
November 9, 2016
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FILED OPINION (SIDNEY R. THOMAS, ALEX KOZINSKI, SUSAN P. GRABER, M. MARGARET MCKEOWN, RICHARD A. PAEZ, MARSHA S. BERZON, CONSUELO M. CALLAHAN, N. RANDY SMITH, PAUL J. WATFORD, JOHN B. OWENS and MICHELLE T. FRIEDLAND)We vacate the BAP’s May 20, 2011, Order and remand the case with instruction to dismiss the petition for lack of jurisdiction. Parties shall bear their own costs for the appeal. VACATED and REMANDED., Judge: NRS Authoring, FILED AND ENTERED JUDGMENT. [10191165]