William Inglis & Sons Baking Company v. Continental Baking Company, Inc., William Inglis & Sons Baking Company v. Continental Baking Company, Inc.
Opinion
Opinion
Canby, J.
Plaintiff-appellee William Inglis & Sons Baking Co. and defendant-appellant Continental Baking Co. both petitioned for rehearing of our prior decision, reported at 942 F.2d 1332 (9th Cir.), and have suggested rehearing en banc. We deny Inglis’ petition for rehearing. The full court has been advised of Inglis’ suggestion for rehearing en banc, and no judge of the court has requested a vote to rehear the matter en banc. Inglis’ suggestion for rehearing en banc is accordingly rejected.
We grant Continental’s petition for rehearing, and submit and decide the petition on the briefs and records heretofore filed, Continental’s petition for rehearing and In-glis’ response thereto, and other supplemental materials filed by the parties.
On rehearing, we disapprove and vacate the following portions of our prior majority opinion: Section IIF, entitled “Setoff After Trebling,” 942 F.2d at 1342-43 , and Section IIIC, entitled “The Deduction of the Campbell-Taggart Payment,” 942 F.2d at 1344-45 . Our judgment is modified accordingly. The considerations that lead us to this decision, and our new mandate, follow.
Effect of the Campbell Taggart settlement on damages.