FEDERAL DEPOSIT INSURANCE CORPORATION, IN ITS CORPORATE CAPACITY, and as Receiver of Great American Federal Savings Association, a federal savings association, San Diego, California, Plaintiff - Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND; et al., Defendants - Appellees. FEDERAL DEPOSIT INSURANCE CORPORATION, IN ITS CORPORATE CAPACITY, and as Receiver of Great American Federal Savings Association, a federal savings association, San Diego, California, Plaintiff - Appellee, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND; et al., Defendants, and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Defendant - Appellant. No. 03-55752 United States Court of Appeals, Ninth Circuit June 30, 2005 NOT FOR PUBLICATION
D.C. Nos. CV-97-01068-TJW/LAB, CV-97-01068-TJW Southern District of California, San Diego
Before: KLEINFELD, WARDLAW, and BERZON, Circuit Judges.
ORDER
We order that the memorandum disposition filed on May 18, 2005 be amended as follows:
Page 10, line 13: Replace §May proceed to trial§ with §are remanded for further proceedings before the district court.§
With this amendment, the petition for rehearing is DENIED. The parties May file a new petition for rehearing or suggestion for rehearing en banc as provided by Federal Rule of Appellate Procedure 40.