Opinion
Nos. 97-16400, 97-17033
Argued and Submitted June 9, 1998 — San Francisco, California.
Filed February 2, 1999 Amended June 25, 1999
Stephen T. Cox, Molligan, Cox Moyer, San Francisco, California, for the plaintiffs-appellants.
William H. Boice and A. Stephens Clay, Kilpatrick Stockon, Atlanta, Georgia, for the defendant-appellee.
Appeals from the United States District Court for the District of Hawaii, David Alan Ezra, District Judge, Presiding, D.C. No. CR-96-01180 DAE.
Before: James R. Browning, Alfred T. Goodwin, and Mary M. Schroeder, Circuit Judges.
The opinion filed February 2, 1999, is modified as follows:
Section II, second paragraph, first and second sentences: delete first sentence and add the following footnote to end of the second sentence:
[FN] DuPont makes a bare assertion in a footnote that DiSabatino was wrongly decided, but devotes its argument to distinguishing the case.
The petition for rehearing en banc is denied. The request for certification and the motion for a stay of proceedings are denied.