UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
decided: September 14, 1992.
MARIE E. WEST, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED
LOUIS W. SULLIVAN, INDIVIDUALLY AND IN HIS CAPACITY AS SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; EDWARD R. MADIGAN, INDIVIDUALLY AND IN HIS CAPACITY AS SECRETARY OF THE UNITED STATES DEPARTMENT OF ARGICULTURE; WALTER W. COHEN, INDIVIDUALLY AND IN HIS CAPACITY AS SECRETARY OF THE PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE; AND DON JOSE STOVALL, INDIVIDUALLY AND IN HIS CAPACITY AS EXECUTIVE DIRECTOR OF THE PHILADELPHIA COUNTY ASSISTANCE OFFICE, MARIE E. WEST, INDIVIDUALLY AND ON BEHALF OF THE CLASS SHE REPRESENTS, CLASS B, APPELLANT
In Banc. Before: Sloviter, Chief Judge, Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, Alito, and Roth, Circuit Judges and McCUNE, District Judge*fn1
SUR PETITION FOR REHEARING
The petition for rehearing filed by 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 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 hereby denied.
BY THE COURT.
Jane R. Roth
DATED: Sep 14 1992