Wwsm Investors v. United States

64 F.3d 456 76 A.F.T.R.2d 95 -6498, 64 USLW 2145 , 95-2 USTC P 50,454 , 95 Cal. Daily Op. Serv. 6615 , 95 Daily Journal D.A.R. 11 ,309 WWSM INVESTORS, dba Advanced Plastics Engineering Co., Plaintiff-Counter-claimant-Defendant-Appellant, v. UNITED STATES of America, Defendant-Counter-claimant-Plaintiff-Appellee. No. 93-17072. United States Court of Appeals, Ninth Circuit. Submission deferred April 4, 1995. Resubmitted May 17, 1995. Opinion Filed May 31, 1995. Opinion Withdrawn Aug. 22, 1995. Decided Aug. 22, 1995. Thomas Casazza, Redwood City, CA, for plaintiff-counter-claimant-defendant-appellant. Teresa T. Milton, U.S. Dept. of Justice, Washington, DC, for defendant-counter-claimant-plaintiff-appellee. Appeal from the United States District Court for the Eastern District of California. Before: BRUNETTI, THOMPSON and HAWKINS, Circuit Judges. 1 Opinion by Judge THOMPSON: Dissent by Judge BRUNETTI. ORDER 2 The government's petition for rehearing is granted. The opinion filed May 31, 1995 and published at 56 F.3d 1053 (9th Cir.1995) is withdrawn. The withdrawn opinion is replaced by a majority opinion and dissent which are filed concurrently with this order. OPINION THOMPSON,…