FILED
NOT FOR PUBLICATION
AUG 07 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
HELLER EHRMAN LLP, Liquidating No. 15-17124
Debtor,
D.C. No. 3:14-cv-04002-CRB
Petitioner-Appellant, Northern District of California,
San Francisco
v.
K. WILLIAM NEUMAN, ORDER AMENDING
MEMORANDUM DISPOSITION
Respondent-Appellee. AND DENYING PETITION FOR
PANEL REHEARING
Before: WALLACE, McKEOWN, and BYBEE, Circuit Judges.
The Memorandum Disposition filed April 10, 2017 is amended as follows:
On page 6, in the last paragraph, change:
Heller’s dissolution foreclosed any further compensation to Neuman,
as a shareholder, once the Dissolution Committee decided in
September 2008 to stop paying shareholders any further
compensation. And, as a shareholder at the time of dissolution, the
subordination requirements for shareholder claims under the 2008
Plan of Dissolution and 2010 Plan of Liquidation should be applied.
To:
Heller’s dissolution foreclosed any further compensation to Neuman
because, under his Employment Agreement, which continued to
govern in this respect, he was no longer “entitled to any compensation
or any other monies or property” following “the termination of [the]
Agreement” when Heller dissolved.
With this amendment, Judges Bybee and McKeown have voted to deny the
petition for panel rehearing. Judge Wallace voted to grant the petition for
rehearing.
Appellant’s petition for rehearing, filed April 24, 2017, is DENIED.
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