Tom Waits v. Frito-Lay, Inc. Tracy-Locke, Inc.

978 F.2d 1093 1992 Copr.L.Dec. P 26,950 Tom WAITS, Plaintiff-Appellee, v. FRITO-LAY, INC.; Tracy-Locke, Inc., Defendants-Appellants. No. 90-55981. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 3, 1991. Decided Aug. 5, 1992. As Amended on Denial of Rehearing and Rehearing En Banc Oct. 6, 1992. As Amended Oct. 22, 1992. Lionel S. Sobel, Liebig & Kulzick, Los Angeles, Cal., Robert M. Callagy, Satterlee, Stephens, Burke & Burke, New York City, for defendants-appellants. Howard King, Gang, Tyre, Ramer & Brown, Los Angeles, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Central District of California. Before: BROWNING, BOOCHEVER, and REINHARDT, Circuit Judges. ORDER 1 The opinion in the above-entitled case, No. 90-55981, slip op. 9429 (9th Cir. Aug. 5, 1992), is amended by deleting footnote 4 on page 9449, and substituting in its place the following: 2 With this amendment the panel has voted to deny the petition for rehearing. Judges Browning and Reinhardt reject the suggestion for rehearing en banc and Judge Boochever recommends rejection of the suggestion for rehearing en banc. 3 The full court has been advised…