Full text
Ellen L. BATZEL, a citizen of the State of California v. Robert SMITH, a citizen of the State of North Carolina Netherlands Museums Association, an entity of unknown form Mosler, Inc., a Delaware corporation with its principal place of business in Ohio, and Ton Cremers, a citizen or subject of the Netherlands, Defendant-Appellant Ellen L. Batzel, a citizen of the State of California v. Robert Smith, a citizen of the State of North Carolina Netherlands Museums Association, an entity of unknown form Ton Cremers, a citizen or subject of the Netherlands Mosler, Inc., a Delaware corporation with its principal place of business in Ohio
Opinions in this case
- Majority
- Dissent — Gould
Order; Partial Concurrence and Partial Dissent by Judge GOULD
ORDER
The majority of the panel has voted to deny appellee’s petition for rehearing. Judge Berzon has voted to deny the petition for rehearing en banc and Judge Can-by so recommends. Judge Gould has voted to grant the petition for rehearing and petition for rehearing en banc.
The full court has been advised of the petition for rehearing en banc. A judge of the court requested a vote on en banc rehearing. The majority of the active judges have voted to deny rehearing the matter en banc. Fed. R.App. P. 35(f).
The petition for rehearing and the petition for rehearing en banc are DENIED. Judge Gould’s dissent from denial of en banc rehearing is filed concurrently herewith.