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J.C. Penney Co., Inc. v. Giant Eagle

decided: May 21, 1993.

HESTER LEE SEARLES, INDIVIDUALLY, AS ADMINISTRATOR OF THE ESTATE OF METZ JOHN SEARLES, DECEASED, AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED INDIVIDUALS, APPELLANT
v.
SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, APPELLEE; HESTER LEE SEARLES, INDIVIDUALLY, AS ADMINISTRATOR OF THE ESTATE OF METZ JOHN SEARLES, DECEASED, AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED INDIVIDUALS, APPELLANT V. J. CLAYTON UNDERCOFLER; FRANK W. JENKINS; MARY C. HARRIS; THOMAS M. HAYWARD; RICHARD E. KURTZ; H. PATRICK SWYGERT; ANDREW L. WARREN; LOUIS J. GAMBACCINI; HOWARD J. ROBERTS, JR.; CHARLES W. THOMAS; R. O. SWINDELL; PATRICK NOWAKOWSI; RICHARD L. FASY; JOSEPH RUSSELL; JOHN T. PRADER; SANDRA E. PEOPPLES; GEORGE SPENCE; JEFF MCCORMICK; HAL S. DAVIDOW; W. ERIC VOGEL; R. M. HERGENRADER; CHARLES BAUM; STEPHEN C. STITSWORTH; HENRY DAVID, JR.; GERALD P. LYNCH, JR.; ANTHONY THEODORO; WILLIAM SWENT; WILLIAM GLENN; DOMINIC PRINCIPE; GINO ROMAN; CARMEN DIGAETANO; WILLIAM GULDEN; DENNIS MILLER; ROBERT BURRELL; MIGUEL MONCAYO; GENE YEE; LARRY JACKSON; R. LYMAN; PAUL GARY EL; JAMES SWEENEY; ROBERT PERAZZO; RICHARD LINEMAN; JOSEPH FARKUS, INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES, APPELLEES



D.C. Civil Action No. 91-06687. D.C. Civil Action No. 92-01065 {Judge}{Q}Judges{/Q}{/Judge}

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

Author: Hutchinson

SUR PETITION FOR REHEARING

The petition for rehearing filed by appellants 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: MAY 21 1993

Disposition

The petition for rehearing ...


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