Opinion
No. 96-1286, 96-1287
DECIDED: September 5, 1997
Appealed from: U.S. District Court for the Northern District of California, Judge Whyte.
Tod L. Gamlen, Baker McKenzie, of Palo Alto, California, for plaintiff-appellant. With him on the brief was David I. Roche, of Chicago, Illinois.
Douglas A. Cawley, Hughes Luce, L.L.P., of Dallas, Texas, for defendants/cross-appellants. Of counsel was Aubrey Nick Pittman.
ORDER
The appeals, having been heard by a panel of the court and, thereafter, a majority of the circuit judges who are in regular active service having acted sua sponte in accordance with 28 U.S.C. § 46(c) and Fed.R.App.P. 35(a), IT IS ORDERED that the appeals shall be decided in banc. Additional briefing and argument will not be required.