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Presbytery of New Jersey of Orthodox Presbyterian Church v. Florio

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: December 13, 1994.

THE PRESBYTERY OF NEW JERSEY OF THE ORTHODOX PRESBYTERIAN CHURCH, A NEW JERSEY CORPORATION; CALVARY ORTHODOX PRESBYTERIAN CHURCH OF WILDWOOD, A NEW JERSEY CORPORATION; REV. DAVID B. CUMMINGS, APPELLANTS
v.
JAMES FLORIO, GOVERNOR OF NEW JERSEY, IN HIS OFFICIAL CAPACITY; ROBERT J. DEL TUFO, ATTORNEY GENERAL OF NEW JERSEY, IN HIS OFFICIAL CAPACITY; MARILYN FLANZBAUM; ROMAN ANGEL; BETTY CARSON; OLGA L. VAZQUEZ-CLOUGH; FELTON LINGO, SR.; REINHOLD W. SMYCZEK; CASEY TAM, ALL IN THEIR OFFICIAL CAPACITIES AS MEMBERS OF THE DIVISION ON CIVIL RIGHTS; C. GREGORY STEWART, IN HIS OFFICIAL CAPACITY AS EXECUTIVE OF THE DIVISION ON CIVIL RIGHTS; JOHN DOE(S); JANE DOE(S), ADDRESSES UNKNOWN, THE LAST TWO BEING FICTITIOUS NAMES, THE REAL NAMES OF SAID DEFENDANTS BEING PRESENTLY UNKNOWN OR KNOWN ONLY IN PART TO PLAINTIFFS, SAID FICTITIOUS NAMES BEING INTENDED TO DESIGNATE ORGANIZATIONS, PERSONS AND OTHERS ACTING IN CONCERT WITH ANY OF THE DEFENDANTS WHO ENGAGE IN, ARE ENGAGED IN, OR WHO INTEND TO ENGAGE IN, THE CONDUCT OF DEFENDANTS COMPLAINED OF HEREIN, OR WHO WOULD HAVE THE RIGHT TO FILE OR SEEK ENFORCEMENT OF ADMINISTRATIVE, EQUITABLE OR LEGAL COMPLAINTS OR SUITS OR TO ASSERT ANY OTHER LEGAL CLAIMS OR REMEDIES OR ENFORCEMENT THEREOF AGAINST THE PLAINTIFFS UNDER THE NEW JERSEY LAW AGAINST DISCRIMINATION, AS AMENDED BY THE 1992 AFFECTIONAL AND SEXUAL ORIENTATION AMENDMENTS, AND ALL OTHERS SIMILARLY SITUATED, APPELLEES

Appeal from the United States District Court for the District of New Jersey. (D.C. Civil Action No. 92-cv-01641). {Judge}{Q}Judges{/Q}{/Judge}

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

Author: Hutchinson

SUR PETITION FOR REHEARING

The petition for rehearing filed by appellees 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: December 13, 1994


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