UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
March 15, 1984
WOLF, DOROTHY G.
NATIONAL SHOPMEN PENSION FUND, SHOPMEN'S LOCAL 548, GEHRINGER, RICHARD H., NATIONAL SHOPMEN PENSION FUND, APPELLANT
SUR PETITION FOR REHEARING IN BANC
Present: SEITZ, Chief Judge, ALDISERT, ADAMS, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM, SLOVITER, BECKER, Circuit Judges.
The petition for rehearing filed by NATIONAL SHOPMEN PENSION FUND, appellant in the above-entitled case having been submitted to the judges who participated in the decision of this Court and to all other available circuit judges in the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the Court in banc, the petition for rehearing is denied.
Judge Garth would grant the petition for rehearing for the reasons offered in his dissent, in particular the issue of exhaustion of administrative remedies.
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