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Court of Appeals for the Ninth Circuit

Molski v. Evergreen Dynasty Corp.

05-56452·Judge: Berzon, Farris, Gould, Duffy, Kozinski, Pregerson, Reinhardt, Hawkins, Mc-Keown, Wardlaw, Fletcher, Paez·Attorney: Thomas E. Frankovich, Esq., Thomas E. Frankovich A Professional Law Corporation, San Francisco, CA, Jennifer L. Steneberg, Esq., Law Offices of Thomas E. Frankovich, San Francisco, CA, Stephen Yagman, Esq., Yagman & Yagman & Reichmann, Venice Beach, CA, Jessica A. Dayton, Esq., The Frankovich Group, San Francisco, CA, for Plaintiffs-Appellants., Robert Appert, San Gabriel, CA, Alan H. Boon, Irvine, CA, for Defendants-Appellees.0 citations·Filed April 22, 2008

Table of Contents

  • Summary of the case Molski v. Evergreen Dynasty Corp.
  • Key Issues of the case Molski v. Evergreen Dynasty Corp.
  • Key Facts of the case Molski v. Evergreen Dynasty Corp.
  • Decision of the case Molski v. Evergreen Dynasty Corp.
  • Impact of the case Molski v. Evergreen Dynasty Corp.
  • Opinions
  • Opinions
  • ORDER All judges on the panel have voted to deny Plaintiff' Appellant’s Petit...

Table of Contents

  • Summary of the case Molski v. Evergreen Dynasty Corp.
  • Key Issues of the case Molski v. Evergreen Dynasty Corp.
  • Key Facts of the case Molski v. Evergreen Dynasty Corp.
  • Decision of the case Molski v. Evergreen Dynasty Corp.
  • Impact of the case Molski v. Evergreen Dynasty Corp.
  • Opinions
  • Opinions
  • ORDER All judges on the panel have voted to deny Plaintiff' Appellant’s Petit...

Summary of the case Molski v. Evergreen Dynasty Corp.

The court denied Plaintiff/Appellant’s Petition for Panel Rehearing and Petition for Rehearing En Banc. A majority of the non-recused active judges did not vote in favor of en banc consideration. Judges Graber and Fisher were recused from the en banc decision.

Key Issues of the case Molski v. Evergreen Dynasty Corp.

  • Denial of Petition for Panel Rehearing
  • Denial of Petition for Rehearing En Banc

Key Facts of the case Molski v. Evergreen Dynasty Corp.

  • All judges on the panel voted to deny the Petition for Panel Rehearing.
  • A majority of non-recused active judges did not vote in favor of en banc consideration.

Decision of the case Molski v. Evergreen Dynasty Corp.

Petition for Panel Rehearing and Petition for Rehearing En Banc are denied.

Impact of the case Molski v. Evergreen Dynasty Corp.

No further petitions for rehearing or rehearing en banc shall be considered.

Opinions

ORDER All judges on the panel have voted to deny Plaintiff' Appellant’s Petition for Panel Rehearing, and so that petition is DENIED. The full court has been advised of Plaintiff/Appellant’s Petition for Rehearing En Banc, and a judge of this court requested a vote on whether this case should be reheard en banc; however, a majority of the non-recused active judges of the court did not vote in favor of en banc consideration. Fed. R.App. P. 35. Accordingly, the Petition for Rehearing En Banc is also DENIED.

No further petitions for rehearing or rehearing en banc shall be considered. Judges Graber and Fisher were recused from considering the en banc issues in this case and did not participate in the court’s decision.

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