Jack Cohen, on Behalf of Himself and All Others Similarlysituated, Plaintiff-appellee,andanthony Maniscalco, Ii, Plaintiff-appellant, v. Resolution Trust Corporation, in Its Capacity As Receiverfor Imperial Savings Association, an Insureddepository Institution, A.k.a. Imperialfederal Savings Association,defendant-appellee.jack Cohen, on Behalf of Himself and All Others Similarlysituated; Mark Rozells, Plaintiffs-appellees,andmichael Lea, Plaintiff-appellant, v. Resolution Trust Corporation, in Its Capacity As Receiverfor Imperial Savings Association, an Insureddepository Institution, A.k.a. Imperialfederal Savings Association,defendant-appellee

United States Court of Appeals, Ninth Circuit. - 72 F.3d 686

Filed Jan. 2, 1996

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

1

ORDER

2

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).

3

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.

4

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