White Winston Select Asset Funds LLC v. Good Times Restaurants Inc

Opinion

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

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Nos. 23-1297 & 23-1349

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WHITE WINSTON SELECT ASSET FUNDS, LLC;

GT ACQUISITION GROUP, INC., Appellants/Cross-Appellees

v.

GOOD TIMES RESTAURANTS, INC.

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On Appeal from the United States District Court for the District of Delaware (D.C. No. 1-19-cv-02092)

Circuit Judge, sitting by designation: Hon. Stephanos Bibas

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ORDER

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BEFORE: CHAGARES, Chief Judge, JORDAN, SHWARTZ, KRAUSE, RESTREPO, PORTER, MATEY, PHIPPS, FREEMAN, MONTGOMERY-REEVES, and CHUNG, Circuit Judges

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The petition for rehearing filed by Appellants/Cross-Appellees in the above-

captioned matter having been submitted to the judges who participated in the decision of this Court and to all other available circuit judges of the Court in regular active service, it is hereby ORDERED that the petition for rehearing by the panel is GRANTED in part and the petition for rehearing en banc is DENIED.

The Court has amended the opinion to modify Section III B. The Clerk is directed to vacate the opinion entered on March 1, 2024 and file the amended opinion contemporaneously with this Order. As the changes do not affect the judgment, the judgment will remain as filed.

BY THE COURT

s/ L. Felipe Restrepo

Circuit Judge

Dated: May 29, 2024 tmk/cc: all counsel of record