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Sessions v. City of Philadelphia

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


October 28, 1991

MIDNIGHT SESSIONS, LTD., T/A AFTER MIDNIGHT; BAKER OCEAN, INC., T/A DOWN SOUTH; GOOD TIMES CAFE, INC.; DONALD R. WELCH; SALLY HUNTER; JACK MANOFF; RICHARD SINGER; AND CURT E. HEIDINGER, APPELLEES-CROSS-APPELLNTS
v.
CITY OF PHILADELPHIA; CITY OF PHILADELPHIA POLICE DEPARTMENT; CITY OF PHILADELPHIA DEPARTMENT OF LICENSES & INSPECTIONS; CITY OF PHILADELPHIA BOARD OF LICENSE & INSPECTION REVIEW; ALAN KESSLER, ESQ.; JAMES F. JORDAN, JR.; JAMES P. LYNN; ANTHONY P. RABUTINO; CARL SCHMOLLINGER, LARRY A. THOMAS; JAMES J. TAYOUN; JOHN PLONSKI; HENRY HERLING; ROBERT J. D'AGOSTINO; CLARENCE MOSLEY; CURELEY COLE, ESQ.; JOAN S. BAIZER; CHARLES L. DUNCAN, JR.; WEST POPLAR ACTION COMMITTEE; SOUTH STREET BUSINESS ASSOCIATION, CITY OF PHILADELPHIA, APPELLANT

On Appeal and Cross-Appeal from the United States District Court for the Eastern District of Pennsylvania; E.D. Pa. No. 90-CV-132. {Judge}{Q}Judges{/Q}{/Judge}

Sloviter, Chief Judge, Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, Alito, and Roth, Circuit Judges, and James F. McClure, District Judge.*fn*

SUR PETITION FOR REHEARING

The petition for rehearing filed by the appellees-cross-appellants 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 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 noted for rehearing by the court in banc, the petition for rehearing is denied.


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