U.S. Court of Appeals for the Ninth Circuit, 2008

Perretta v. PROMETHEUS DEVELOPMENT COMPANY, INC.

U.S. Court of Appeals for the Ninth Circuit · Decided May 23, 2008 · Thompson, Smith, Hayes

527 F.3d 853; 2008 U.S. App. LEXIS 11091; 2008 WL 2167871 (Federal Reporter, Third Series)

Opinion

ORDER

The Defendants-Appellees’ motion to file a reply is GRANTED.

The Defendants-Appellees’ Petition for Panel Rehearing is GRANTED. The opinion dated March 27, 2008, 520 F.3d 1039, is withdrawn.

The court requests supplemental briefing by the parties regarding the applicability of the ratification provision of Cal.Corp.Code § 16103(b)(3) to the issue of whether the vote in this case was sufficient to ratify the transaction. The simultaneous briefs may not exceed twenty (20) pages, and shall be due no later than June 13, 2008.

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