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13-56412 - Geoffrey Moyle, et al v. Liberty Mutual Retirement Plan, et al


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13-56412 - Geoffrey Moyle, et al v. Liberty Mutual Retirement Plan, et al
May 20, 2016
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FILED OPINION (HARRY PREGERSON, CONSUELO M. CALLAHAN and STANLEY ALLEN BASTIAN)AFFIRMED in part, REVERSED in part; REMANDED. Each side to bear its own costs. Judge: HP Authoring, FILED AND ENTERED JUDGMENT. [9984272] [13-56330, 13-56412]
August 18, 2016
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Filed order and amended opinion (HARRY PREGERSON, CONSUELO M. CALLAHAN and STANLEY ALLEN BASTIAN). Amending Disposition Opinion AFFIRMED IN PART, REVERSED IN PART AND REMANDED. The Opinion filed on May 20, 2016, is amended as follows: in the last sentence on page 5 of the Slip Opinion, the words “that the suit is not time-barred and” shall be deleted so that the sentence reads, “We also find that class certification was proper.” Judges Pregerson, Callahan, and Bastian have voted to deny Defendants-Appellees’ petition for panel rehearing. Judge Callahan has voted to deny Defendants-Appellees’ petition for rehearing en banc, and Judges Pregerson and Bastian so recommend. The full court has been advised of the petition, and no judge of the court has requested a vote on the petition for rehearing en banc. Fed. R. App. P. 35. Defendants- Appellees’ Petition for Rehearing or Rehearing En Banc is therefore DENIED, and no further petitions for rehearing will be accepted. [10091387] [13-56330, 13-56412]