UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
March 26, 1981
COMMONWEALTH OF PENNSYLVANIA AND RICHARD W. BAUMANN, JOSEPH BLUME, JAMES MAGES AND BERNARD W. PEITZ, JR., INDIVIDUALLY AND ON BEHALF OF ALL OTHER SIMILARLY SITUATED
JAMES D. PORTER, CHIEF OF POLICE; BOROUGH OF MILLVALE; FRANK L. BARANYAI, BOROUGH OF MILLVALE POLICE OFFICER; REGIS J. MCCARTHY, ET AL. FRANK L. BARANYAI, APPELLANT IN NO. 79-2653; REGIS MCCARTHY, ET AL., APPELLANTS IN NO. 79-2684; JAMES D. PORTER, APPELLANT IN NO. 79-2685
PRESENT: SEITZ, Chief Judge , ALDISERT, ADAMS, GIBBONS, HUNTER, GARTH, HIGGINBOTHAM, and SLOVITER, Circuit Judges
A majority of the active judges having voted for rehearing in banc in the above captioned cases, it is
Ordered that the Clerk of this Court list the above captioned cases for rehearing before the Court in banc at the convenience of the Court, and it is
FURTHER ORDERED that the opinion and judgment filed on February 19, 1981, be and are hereby vacated.
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