DENNIS v. KELLOGG CO.

Nos. 11-55674, 11-55706.

697 F.3d 858 (2012)

Harry DENNIS; Jon Koz, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, Stephanie Berg, Objector-Appellant, v. KELLOGG COMPANY, a Delaware corporation, Defendant-Appellee. Harry Dennis; Jon Koz, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, Omar Rivero, Objector-Appellant, v. Kellogg Company, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2012.


Attorney(s) appearing for the Case

Joseph Darrell Palmer and Janine R. Menhennet , Law Offices of Darrell Palmer PC, Solana Beach, CA, and Christopher A. Bandas , Bandas Law Firm, P.C., Corpus Christi, TX, for the objectors-appellants.

Timothy G. Blood , Blood Hurst & O'Reardon LLP, San Diego, CA, for the plaintiffs-appellees.

Kenneth K. Lee , Jenner & Block LLP, Los Angeles, CA, and Richard P. Steinken , Jenner & Block LLP, Chicago, IL, for the defendant-appellee.

Before: Stephen S. Trott and Sidney R. Thomas, Circuit Judges, and Kevin Thomas Duffy, District Judge.


ORDER

The Opinion filed July 13, 2012, slip op. 8109, and appearing at 687 F.3d 1149 (9th Cir.2012), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit.

With the Opinion withdrawn, the Plaintiffs-Appellees' petition for rehearing and petition for rehearing en banc are moot. The parties may file a petition for rehearing or a petition for rehearing en banc regarding...

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