SAM FRANCIS FOUNDATION V. CHRISTIES, INC., No. 12-56067 (9th Cir. 2014)

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The court issued a subsequent related opinion or order on May 5, 2015.

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FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 30 2014 FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK SAM FRANCIS FOUNDATION; ESTATE OF ROBERT GRAHAM; CHUCK CLOSE; LADDIE JOHN DILL, U.S. COURT OF APPEALS No. 12-56067 D.C. No. 2:11-cv-08605-MWFFFM Plaintiffs - Appellants, ORDER v. CHRISTIE S, INC., a New York corporation, Defendant - Appellee. SAM FRANCIS FOUNDATION; ESTATE OF ROBERT GRAHAM; CHUCK CLOSE; LADDIE JOHN DILL, Plaintiffs - Appellants, v. EBAY, INC., a Delaware corporation, Defendant - Appellee. No. 12-56068 D.C. No. 2:11-cv-08622-MWFPLA Page 2 ESTATE OF ROBERT GRAHAM; CHUCK CLOSE; LADDIE JOHN DILL, individually and on behalf of all others similarly situated, No. 12-56077 D.C. No. 2:11-cv-08604-MWFFFM Plaintiffs - Appellants, v. SOTHEBY S, INC., a New York corporation, Defendant - Appellee. THOMAS, Circuit Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. Judges Wardlaw and Nguyen did not participate in the deliberations or vote in this case.

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