
    David MATSUURA, individually and dba Orchid Isle Nursery, and Stephen Matsuura, individually and dba Hawaiian Dendrobium Farm, Plaintiffs-counter, defendants-Appellants, v. ALSTON & BIRD, a Georgia partnership including professional corporations, Defendant, and E.I. Dupont De Nemours and Company, Inc., a Delaware Corporation, Defendant-counter, plaintiff-Appellee. David Matsuura, individually dba Orchid Isle Nursery; Stephen Matsuura, individually dba Hawaiian Dendrobium Farm, Plaintiffs-Appellants, v. E.I. Dupont De Nemours and Company, Inc., a Delaware Corporation, Defendant-Appellee.
    Nos. 97-16400, 97-17033.
    United States Court of Appeals, Ninth Circuit.
    Argued and Submitted June 9, 1998.
    Filed Feb. 2, 1999.
    Amended June 25, 1999.
    Stephen T. Cox, Molligan, Cox & Moyer, San Francisco, California, for the plaintiffs-appellants.
    William H. Boice and A. Stephens Clay, Kilpatrick Stockon, Atlanta, Georgia, for the defendant-appellee.
    Before: BROWNING, GOODWIN, and SCHROEDER, Circuit Judges.
   The opinion filed February 2, 1999 [166 F.3d 1006], is modified as follows:

Section II, second paragraph, first and second sentences [166 F.3d at 1008]: delete first sentence and add the following footnote to end of the second sentence:

[FN] DuPont makes a bare assertion in a footnote that DiSabatino was wrongly decided, but devotes its argument to distinguishing the case.

The petition for rehearing en banc is denied. The request for certification and the motion for a stay of proceedings are denied.  