William Inglis & Sons Baking Company v. Continental Baking Company, Inc., William Inglis & Sons Baking Company v. Continental Baking Company, Inc.

Good Law
92 Daily Journal DAR 17217·981 F.2d 1023·1992 WL 379454·1992 U.S. App. LEXIS 33357·92 Cal. Daily Op. Serv. 10244
United States Court of Appeals for the Ninth CircuitDecember 23, 199289-15412, 89-15422California787 words

Opinion

Opinion

ORDER

The order on rehearing filed on July 21, 1992 in William Inglis & Sons Baking Co. v. Cont. Baking Co., 970 F.2d 639 (9th Cir.1992) is amended as follows: [Editor’s Note: Opinion Amended for publication.]

AMENDED ORDER

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 , 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…

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