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Rosenberg v. Office of Employment Sec.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: January 19, 1993.

CROWN CORK & SEAL COMPANY, INC.
v.
CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, A FEDERAL MULTIEMPLOYER EMPLOYEE PENSION BENEFIT PLAN; LORAN W. ROBBINS; MARION M. WINSTEAD; ROBERT C. SANSONE, ROBERT J. BAKER; HOWARD MCDOUGALL; ARTHUR H. BUNTE; R. JERRY COOK AND R. V. PULLIAM, ITS PRESENT TRUSTEES IN THEIR FIDUCIARY CAPACITIES; CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, A PENSION TRUST; MARION M. WINSTEAD; ROBERT C. SANSONE; ROBERT J. BAKER; HOWARD MCDOUGALL; ARTHUR H. BUNTE, JR.; R. JERRY COOK; R. V. PULLIAM, SR.; HAROLD D. LEU, ITS PRESENT TRUSTEES V. CROWN CORK & SEAL COMPANY, INC. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, A PENSION TRUST, AND ITS TRUSTEES, INCLUDING MARION M. WINSTEAD, ROBERT C. SANSONE, ROBERT J. BAKER, HOWARD MCDOUGALL, ARTHUR H. BUNTE, JR. R. JERRY COOK, R. V. PULLIAM, SR. AND HAROLD D. LEU, APPELLANTS

(D.C. Civil No. 84-05737). (D.C. Civil No. 91-04423) {Judge}{Q}Judges{/Q}{/Judge}

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

Author: Mansmann

SUR PETITION FOR REHEARING

The petition for rehearing filed by appellants 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 Greenberg, Nygaard, Alito and Roth would have granted rehearing.

BY THE COURT,

Carol Los Mansmann

Circuit Judge

DATED: January 19, 1993


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