Summary
holding where issue of whether defendant has contractual duty cannot be resolved from face of contract because of ambiguities therein, contract claims not subject to dismissal
Summary of this case from Turtle v. Sanctuary Records Group, Inc.Opinion
No. 01-16113.
Argued and Submitted August 14, 2002.
Filed October 29, 2002. Amended February 18, 2003.
Neal A. Dublinsky, Lionel Z. Glancy, Law Offices of Lionel Z. Glancy, Los Angeles, CA, for the appellants.
James K. Langdon II, Andrew Holly, Dorsey Whitney LLP, Minneapolis, MN, for the appellees.
Appeal from the United States District Court for the Northern District of California; Jeremy Fogel, J., Presiding. D.C. No. CV-99-21072-JF.
Before HALL, KOZINSKI, and McKEOWN, Circuit Judges.
ORDER
The panel recalls the mandate that issued on November 20, 2002 for the limited purpose of amending the opinion filed October 29, 2002, 309 F.3d 1123 as follows:
1) In the second sentence of part IVB, insert "to the extent the claims are grounded in fraud," after ("under this chapter") and before "they are subject to Federal Rule of Civil Procedure 9(b)".
In accordance with this Court's General Orders, no further petitions for rehearing may be filed.