LYNCH v. ENC CORPORATION

Full title: MERRILL LYNCH, PIERCE, FENNER AND SMITH, INCORPORATED, a corporation…

Court: United States Court of Appeals, Ninth Circuit

Date published: May 9, 2006

No. 04-16401 (9th Cir. May. 9, 2006)

Opinion

Nos. 04-16401, 04-16503, 04-16538.

Argued and Submitted March 14, 2005, San Francisco, California.

May 9, 2006.

Appeal from the United States District Court for the District of Hawaii; Manuel L. Real, District Judge, Presiding. D.C. No. CV-00-00595-MLR.

Before: NOONAN, THOMAS, Circuit Judges, and ROBART,^_ District Judge.

_ The Honorable James L. Robart, United States District Judge for the Western District of Washington, sitting by designation.

ORDER AMENDING OPINION

The opinion filed on May 4, 2006, is amended as follows: on slip opinion page 5038, lines 29-32, the following sentence is deleted: "The phrase `equity and good conscience' in our judicial usage is coterminous with the first opinions of the United States Supreme Court. See Hollingsworth v. Ogle, 1 U.S. 257 (1788)."

On slip opinion page 5038, line 29, the following sentence is added: "The phrase `equity and good conscience' in our judicial usage is coterminous with the early opinions of the United States Supreme Court. See Elmendorf v. Taylor, 23 U.S. (10 Wheat.) 152, 181 (1825)."