jack-cohen-on-behalf-of-himself-and-all-others-similarly-situated-and , 72 F.3d 686 ( 1996 )


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  • 72 F.3d 686

    Jack COHEN, on behalf of himself and all others similarly
    situated, Plaintiff-Appellee,
    and
    Anthony Maniscalco, II, Plaintiff-Appellant,
    v.
    RESOLUTION TRUST CORPORATION, in its capacity as receiver
    for Imperial Savings Association, an insured
    depository institution, a.k.a. Imperial
    Federal Savings Association,
    Defendant-Appellee.
    Jack COHEN, on behalf of himself and all others similarly
    situated; Mark Rozells, Plaintiffs-Appellees,
    and
    Michael Lea, Plaintiff-Appellant,
    v.
    RESOLUTION TRUST CORPORATION, in its capacity as receiver
    for Imperial Savings Association, an insured
    depository institution, a.k.a. Imperial
    Federal Savings Association,
    Defendant-Appellee.

    Nos. 94-55209, 94-55218.

    United States Court of Appeals,
    Ninth Circuit.

    Filed Jan. 2, 1996.

    Before: WALLACE, Chief Judge, KOZINSKI and RYMER, Circuit Judges.

    ORDER

    1

    Appellants Anthony Maniscalco and Michael Lea, members of a class action brought by Jack Cohen and other employees of Imperial Savings Association against the Resolution Trust Corporation, filed a motion to dismiss their appeals, including their pending petitions for rehearing and a suggestion for rehearing en banc. Pursuant to the stipulation of the parties, the appellants' motion is granted. Fed.R.App.P. 42(b).

    2

    Under Blair v. Shanahan, 38 F.3d 1514, 1521 (9th Cir.1994), we vacate our opinion, 61 F.3d 725 (9th Cir.1995), and remand to the district court for proceedings consistent with Blair.

    3

    APPEAL DISMISSED AND OPINION VACATED. CASE REMANDED TO DISTRICT COURT.