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SAN FRANCISCO � Despite getting more appeals than any circuit in the nation � over 16,000 annually � some judges on the 9th U.S. Circuit Court of Appeals just don’t have enough reading to do. Two separate panels, on their own, invited anyone interested to submit amicus briefs addressing issues in a criminal and civil antitrust case. It is rare for panels of the court to invite outside submissions, but to do it twice in three weeks comes in the category of blue-moon rare. The court doesn’t say who asked, but the one common denominator is Judge Ronald Gould, who was assigned to both panels. In the criminal case, the panel asks amici to discuss the appropriate legal standard to apply in evaluating a witness’s “unavailability,” U.S. v. Yida, 06-10460. The antitrust case, Cascade Health Solutions FKA McKenzie-Willamette Hospital, v. PeaceHealth, 05-36202, invites briefs on a question of predatory pricing. In that case, the panel asks what is the appropriate measure of costs when a plaintiff seeks to show the defendant’s prices were below cost in a claim of predatory conduct in an attempted monopolization claim. And how should the trial court instruct jurors on the issue of costs. So for anyone who wants to offer their two cents worth, now’s the time.

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