Sony Corp v. Bank One

Opinion

PUBLISHED July 16, 1996

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 94-2230(L) CA-92-1099-3

Sony Corporation of America, now known as Sony Electronics, Inc.,

Plaintiff - Appellee,

versus

Bank One, West Virginia, Huntington NA, formerly known as First Huntington National Bank, N.A.,

Defendant - Appellant,

The Stereo Factory, Incorporated, Defendant - Appellee.

_ _ _ _ _ _ _ _ _

C O R R E C T E D

O R D E R _ _ _ _ _ _ _ _ _

Appellant Bank One, West Virginia, Huntington, NA filed a

petition for rehearing with suggestion for rehearing en banc, and

Appellee Sony Corporation filed an answer to the petition and

suggestion.

A member of the Court requested a poll on the suggestion for

rehearing en banc, and a majority of the judges voted to deny

rehearing en banc. Judge Widener, Judge Murnaghan, Judge Niemeyer, Judge Michael, and Judge Motz voted to rehear the case en banc.

Chief Judge Wilkinson, Judge Russell, Judge Hall, Judge Ervin,

Judge Wilkins, Judge Luttig, and Judge Williams voted against

rehearing en banc.

The Court denies the petition for rehearing with suggestion for rehearing en banc.

Entered at the direction of Judge Russell. Judge Widener

dissents. Judge Motz dissents from the denial of rehearing en

banc.

For the Court

/s/ Bert M. Montague Clerk