FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT In re: RODEO CANON DEVELOPMENT  CORPORATION, Debtor.

WILLIAM WARNICK; ANN WARNICK, Nos. 02-56999 individually and as Trustees of the 02-57203 William and Ann Warnick Family Living Trust; ALAN WARNICK; JILL  BAP No. CC-01-01428 WARNICK, MaMoP Appellants-Cross-Appellees, ORDER v. FRED YASSIAN; BEVERLY RODEO DEVELOPMENT CORPORATION, Appellees-Cross-Appellants.  Appeal from the Ninth Circuit Bankruptcy Appellate Panel Marlar, Montali and Perris, Judges, Presiding Filed March 8, 2005 Before: Alex Kozinski and John T. Noonan, Circuit Judges, and William W Schwarzer,* Senior District Judge.

ORDER The opinion filed March 30, 2004, is withdrawn.

*The Honorable William W Schwarzer, Senior United States District Judge for the Northern District of California, sitting by designation.

PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2005 Thomson/West.