Amanda Sateriale v. R J Reynolds Tobacco Company
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER
The opinion filed July 13, 2012, and reported at 687 F.3d 1132, is amended as follows:
At slip opinion page 8097, 687 F.3d at 1143, after the sentence <The presence of discretion thus does not preclude the existence of an offer. >, insert the following new footnote:
<In its petition for rehearing, RJR argues that the plaintiffs have asserted only a bilateral contract and not a unilateral contract. There is no question, however, that the plaintiffs — in their complaint, as well as in the district court and on appeal — have consistently alleged acceptance by performance, which is the essence…
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