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Schrob v. Catterson

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: December 24, 1991.

IRWIN SCHROB AND BARBARA L. SCHROB, HIS WIFE; AND MATAWAN BUILDING SUPPLIES CORPORATION
v.
JAMES CATTERSON, INDIVIDUALLY AND IN HIS CAPACITY AS ASSISTANT UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT OF NEW YORK; DAVID TORACINTA, INDIVIDUALLY AND IN HIS CAPACITY AS A SPECIAL AGENT OF THE DRUG ENFORCEMENT ADMINISTRATION; JOHN M. PELUSO, INDIVIDUALLY AND IN HIS CAPACITY AS A SPECIAL AGENT OF THE DRUG ENFORCEMENT ADMINISTRATION; U.S. DEPARTMENT OF JUSTICE--UNITED STATES ATTORNEY; U.S. DEPARTMENT OF JUSTICE--DRUG ENFORCEMENT ADMINISTRATION; JOHN DOES 1 THROUGH 20 AND JANE DOES 1 THROUGH 20, BOTH INDIVIDUALLY AND IN THEIR CAPACITIES AS SUPERVISORY PERSONNEL OVER THE IDENTIFIED INDIVIDUAL DEFENDANTS OR AS PERSONS, PRESENTLY UNKNOWN TO PLAINTIFFS, WHO PARTICIPATED IN THE ACTS AND/OR OMISSIONS ALLEGED IN THIS COMPLAINT; AND JOSEPH V. ZARRELLI, BOTH INDIVIDUALLY AND IN HIS CAPACITY AS AN AGENT/INFORMER OF THE UNITED STATES LAW ENFORCEMENT AGENCIES, JAMES CATTERSON, JOHN PELUSO AND DAVID TORACINTA, APPELLANTS

Appeal from the United States District Court for the District of New Jersey. (D.C. Civil Action No. 90-00038) {Judge}{Q}Judges{/Q}{/Judge}

Present: Sloviter, Chief Judge, Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, Roth and Garth,*fn* Circuit Judges

Author: Hutchinson

SUR PETITION FOR REHEARING

The petition for rehearing filed by appellees in the above captioned matter having been submitted to the judges who participated in the decision of this court and to all the 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 voted for rehearing by the court in banc, the petition for rehearing is denied.

By the Court,

William D. Hutchinson

Circuit Judge

DATED: DEC 24 1991

* Hon. Leonard I. Garth, Senior Circuit Judge, was limited to voting for panel rehearing.


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