23-1349 White Winston Select Asset Funds, LLC; Gt Acquisition Group, Inc. v. GOOD TIMES RESTAURANTS, INC. On Appeal from the United States District Court for…

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________
Nos. 23-1297 & 23-1349
_____________
WHITE WINSTON SELECT ASSET FUNDS, LLC;
GT ACQUISITION GROUP, INC.,
Appellants/Cross-Appellees
v.
GOOD TIMES RESTAURANTS, INC.
_______________
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
_______________
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.

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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

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