UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
decided: November 24, 1992.
FINEMAN, ET. AL., APPELLANTS
ARMSTRONG WORLD, INDUSTRIES, INC.
In Banc. Present: Sloviter, Chief Judge, Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, Alito, Roth and Lewis, Circuit Judges, and Fullam, District Judge.*fn*
SUR PETITION FOR REHEARING
The petition for rehearing filed by appellee 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 denied. Judges Becker and Scirica would have granted rehearing.
BY THE COURT,
Carol Los Mansmann
Dated: November 24, 1992