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Parkway Garage Inc. v. City of Philadelphia

decided: December 17, 1993.

PARKWAY GARAGE, INC., APPELLANT
v.
THE CITY OF PHILADELPHIA; THE PHILADELPHIA PARKING AUTHORITY; WEBSTER M. FITZGERALD; DONALD KLIGERMAN; ANDRES PEREZ



Appeal from the United States District Court for the Eastern District of Pennsylvania. D.C. No. 90-07752 {Judge}{Q}Judges{/Q}{/Judge}

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

Author: Nygaard

SUR PETITION FOR REHEARING EN BANC

The petition for rehearing filed by appellees, City of Philadelphia and Philadelphia Parking Authority, in the above-entitled case 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 en banc, 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 en banc is denied.

Chief Judge Sloviter and Judge Roth would grant rehearing in banc. Judge Greenberg would grant rehearing for the reasons set forth in his Dissent.

By the Court,

Richard L. Nygaard

Circuit Judge

Dated: DEC 17 1993

Disposition

Denie ...


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