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Jack Cohen, on Behalf of Himself and All Others Similarly Situated, and Anthony Maniscalco, II v. Resolution Trust Corporation, in Its Capacity as Receiver for Imperial Savings Association, an Insured Depository Institution, A.K.A. Imperial Federal Savings Association, Jack Cohen, on Behalf of Himself and All Others Similarly Situated Mark Rozells, and Michael Lea v. Resolution Trust Corporation, in Its Capacity as Receiver for Imperial Savings Association, an Insured Depository Institution, A.K.A. Imperial Federal Savings Association

Citation: 72 F.3d 686Docket: 94-55209

Court: Court of Appeals for the Ninth Circuit; January 1, 1996; Federal Appellate Court

Narrative Opinion Summary

Appellants Anthony Maniscalco and Michael Lea, part of a class action initiated by Jack Cohen and others against the Resolution Trust Corporation (RTC) as receiver for Imperial Savings Association, filed a motion to dismiss their appeals, which included petitions for rehearing. The court granted the motion based on a stipulation from the parties. In accordance with the precedent set in Blair v. Shanahan, the previous opinion of the court was vacated, and the case was remanded to the district court for further proceedings consistent with that ruling. The appeal was formally dismissed, and the opinion was vacated.

Legal Issues Addressed

Formal Dismissal of Appeal

Application: The appeal was formally dismissed as a result of the parties' stipulation and the granting of the motion to dismiss.

Reasoning: The appeal was formally dismissed, and the opinion was vacated.

Motion to Dismiss Appeals

Application: The appellants filed a motion to dismiss their own appeals, which included petitions for rehearing, and the court granted this motion based on a stipulation from the parties.

Reasoning: Appellants Anthony Maniscalco and Michael Lea, part of a class action initiated by Jack Cohen and others against the Resolution Trust Corporation (RTC) as receiver for Imperial Savings Association, filed a motion to dismiss their appeals, which included petitions for rehearing. The court granted the motion based on a stipulation from the parties.

Remand for Further Proceedings

Application: Following the vacatur of the previous opinion, the case was remanded to the district court for further proceedings, ensuring that the matter would be reconsidered in light of the new developments.

Reasoning: The previous opinion of the court was vacated, and the case was remanded to the district court for further proceedings consistent with that ruling.

Vacatur of Previous Court Opinion

Application: The court vacated its previous opinion in accordance with a precedent, thereby nullifying the prior ruling in light of the stipulation for dismissal.

Reasoning: In accordance with the precedent set in Blair v. Shanahan, the previous opinion of the court was vacated, and the case was remanded to the district court for further proceedings consistent with that ruling.