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Olde Discount Corp. v. Tupman

decided: August 26, 1993.

OLDE DISCOUNT CORPORATION,
v.
W. MICHAEL TUPMAN, AND AS DEPUTY ATTORNEY GENERAL OF THE STATE OF DELAWARE; RICHARD W. HUBBARD, SECURITIES COMMISSIONER OF THE STATE OF DELAWARE; EUGENE H. ENGELHARDT AND CAROL D. ENGELHARDT, W. MICHAEL TUPMAN, INDIVIDUALLY AND AS DEPUTY ATTORNEY GENERAL OF THE STATE OF DELAWARE; RICHARD W. HUBBARD, SECURITIES COMMISSIONER OF THE STATE OF DELAWARE; EUGENE H. ENGELHARDT, CAROL D. ENGELHARDT, APPELLANTS



On Appeal from the United States District Court for the District of Delaware. D. Del. Civil No. 92-0498 {Judge}{Q}Judges{/Q}{/Judge}

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

Author: Greenberg

SUR PETITION FOR REHEARING

The petition for rehearing filed by the appellants W. Michael Tupman, Richard W. Hubbard, Eugene H. Engelhardt, and Carol D. Engelhardt in the above captioned matter having been submitted to the Judges who participated in the decision of this court and to all other available circuit Judges of the court 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. Judge Nygaard would grant rehearing by the court in banc for the reasons set forth in his Dissenting opinion limited to the preemption issue.

BY THE COURT:

Morton I. Greenberg, Circuit Judge

DATED: AUG 26 1993

19930826

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