Varian Medical v. Delfino

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Filed 12/12/03 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT VARIAN MEDICAL SYSTEMS, INC., et al., Plaintiffs and Respondents, v. H024214 (Santa Clara County Super. Ct. No. CV780187) ORDER MODIFYING OPINION AND DENYING REHEARING MICHELANGELO DELFINO et al., Defendants and Appellants. THE COURT: It is the ordered that the opinion filed herein on November 13, 2002, is hereby modified as follows: 1. On page 33, the last sentence of the first full paragraph is changed to read as follows: Thus, as it pertains to the named plaintiffs, paragraph 6 meets the Madsen standard and is permissible for that reason. There is no change in the judgment. The petitions for rehearing are denied. Dated Premo, J., Acting P.J. WE CONCUR: Elia, J. Wunderlich, J.

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