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Spring Garden Associates, L.P. v. Resolution Trust Corp.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: June 6, 1994.

PHAR-MOR, INC., PLAINTIFF
v.
COOPERS & LYBRAND, DEFENDANT; THE OFFICIAL UNSECURED CREDITOR'S COMMITTEE OF PHAR-MOR, INC., APPELLANTS *FN* ; IVAN BOWEN, II, ROBERT J. CARR, VERNON L. CARSON, MERLE T. CARSON, ROBERT M. CHASE, STEPHEN M. EHRLICHMAN, ROBERT J. FRISBY, RONALD GOLDBERG, CECILE GUTHMAN, HOWARD D. HIRSH REVOCABLE TRUST, WALTER JACOBSON, DIANE DYBSKY JACOBSON, ROBERT A. JUDELSON, EDWARD L. LEMBITZ PROFIT SHARING PLAN, MARC LEVENSTEIN, ANGELA LEVENSTEIN, MAURICE SPORTING GOODS, INC., PROTECTIVE INSURANCE COMPANY, ROBERT A. RIESMAN, JR., PHILIP E. ROLLHAUS, JR., JEANETTE M. SHEA TRUST, SPIEGEL, INC. SUPPLEMENTAL EMPLOYEE RETIREMENT PLAN FOR THE BENEFIT OF JOHN J. SHEA, HELEN SHIRE, JACK SHIRE, BERNARD M. SUSMAN REVOCABLE TRUST, GLEN R. TRAYLOR, UNION LEAGUE BOYS & GIRLS CLUBS, RICHARD E. WEISS, JOHN B. WHITTED, JR., STEIN ROE INVESTMENT TRUST, OLYMPUS PRIVATE PLACEMENT FUND, L.P., VENCAP HOLDINGS [1987] PTE LTD., ODYSSEY PARTNERS, L.P., KEMPER TOTAL RETURN FUND, KEMPER GROWTH FUND, KEMPER RETIREMENT FUND - SERIES I, KEMPER RETIREMENT FUND - SERIES II, KEMPER SMALL CAPITALIZATION EQUITY FUND, KEMPER INVESTMENT PORTFOLIOS - GROWTH PORTFOLIOS, KEMPER INVESTMENT PORTFOLIOS - TOTAL RETURN PORTFOLIO, LUMBERMENS MUTUAL CASUALTY COMPANY, KEMPER FINANCIAL SERVICES, INC., NEW ECONOMY FUND, ANCHOR PATHWAY FUND GROWTH SERIES, AMERICA VARIABLE INSURANCE SERIES GROWTH FUND, ALBERT H. BITZER, JR. REVOCABLE TRUST, THE BOWEN FAMILY PARTNERSHIP, INC., SELECT EQUITY FUND OF THE COLLECTIVE TRUST FUNDS OF THE NORTHERN TRUST COMPANY, GROWTH EQUITY FUND-A OF THE COMMON TRUST FUNDS OF THE NORTHERN TRUST COMPANY, STEINROE PRIME EQUITIES, ANDREW K. BLOCK TRUST NO. 2, DAVID A. BRESKIN, BURTON B. KAPLAN, ARTHUR CHARLES NIELSEN, JR., RALPH M. SEGALL TRUST, MITCHELL GOLD-SMITH, ALLAN C. LICHTENBERG TRUST, EVA F. LICHTENBERG, JAMES D. WINSHIP, M.S. BLOCK 1985 FAMILY TRUST, PAGTIP, SHEET METAL WORKERS PENSION FUND, INTERVENORS*FN**

D.C. Civil No. 92-02108 {Judge}{Q}Judges{/Q}{/Judge}

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

Author: Becker

SUR PETITION FOR JUDGES REHEARING WITH SUGGESTION FOR REHEARING IN BANC

The petition for rehearing filed by Appellee having been submitted to the Judges who participated in the decision of this Court and to all the other available circuit Judges in 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.*fn*

BY THE COURT:

Edward R. Becker

Circuit Judge

DATED: JUN -6 1994


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