Diane M. Hendricks Kenneth A. Hendricks v. Bank of America, N.A., and Mutual Indemnity (Bermuda), Ltd., a Bermuda Corporation
Opinion
Opinion
Wallace, J.
ORDER
The court’s opinion filed February 25, 2005, slip op. 2209, and appearing at 398 F.3d 1165 (9th Cir.2005), is hereby amended as follows:
With these amendments, the panel has voted to deny the petition for panel rehearing.. Judge McKeown has voted to deny the petition for rehearing en banc, and Judge Wallace and Judge Noonan so recommended. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.
The petition for rehearing and the petition for rehearing en banc are DENIED. No subsequent petitions for rehearing or rehearing en banc may be filed.
AMENDED OPINION
Mutual Indemnity (Bermuda), Ltd., the defendant in the trial court (Mutual), appeals from a district court order enjoining co-defendant Bank of America, N.A. (Bank) from honoring Mutual’s efforts to draw down on a letter of credit (LOC) posted by Diane and Kenneth Hendricks, the trial court plaintiffs (the Hendricks). We have jurisdiction to review the district court’s preliminary injunction order pursuant to 28 U.S.C. § 1292 (a)(1), and we affirm.