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Dillinger v. Caterpillar Inc.

decided: April 1, 1992.

ALVIN DILLINGER APPELLANT
v.
CATERPILLAR, INC., A DELAWARE CORPORATION; WHEELER MACHINERY COMPANY, INC., A UTAH CORPORATION



{History}On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil No. 90-455)

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

Author: Greenberg

SUR PETITION FOR REHEARING

The petition for rehearing filed by appellee 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:

Morton I. Greenberg

Circuit Judge

DATED: APR 01 1992

19920401

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