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In re City of Philadelphia Litigation

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: April 3, 1995.

IN RE: CITY OF PHILADELPHIA LITIGATION, RAMONA AFRICA
v.
CITY OF PHILADELPHIA; WILLIE GOODE; LEO A. BROOKS; GREGORE SAMBOR; WILLIAM C. RICHMOND; FRANK POWELL, LT.; WILLIAM KLEIN, OFFICER; MICHAEL TURSI, OFFICER; ALBERT REVEL, SGT.; EDWARD CONNOR, SGT.; MORRIS DEMSKO, CORPORAL; RICHARD REED, STATE TROOPER, INDIVIDUALLY AND IN THEIR PRESENT AND/OR FORMER OFFICIAL CAPACITIES; LEO A. BROOKS, APPELLANT IN NO. 94-1277, RAMONA AFRICA, APPELLANT IN NO. 94-1322, CITY OF PHILADELPHIA, APPELLANT IN NOS. 94-1280 AND 94-1377, WILLIAM C. RICHMOND, APPELLANT IN NO. 94-1279, GREGORE SAMBOR, APPELLANT IN NO. 94-1278; IN RE: CITY OF PHILADELPHIA LITIGATION; ALFONSO LEAPHART, ADMINISTRATOR OF THE ESTATE OF VINCENT LOPEZ LEAPHART, A/K/A JOHN AFRICA; V. CITY OF PHILADELPHIA; W. WILSON GOODE, MAYOR, CITY OF PHILADELPHIA; LEO A. BROOKS, FORMER MANAGING DIRECTOR, CITY OF PHILADELPHIA; GREGORE J. SAMBOR, FORMER POLICE COMMISSIONER, CITY OF PHILADELPHIA; WILLIAM C. RICHMOND, FIRE COMMISSIONER, CITY OF PHILADELPHIA; FRANK POWELL; WILLIAM KLEIN; MICHAEL TURSI; ALBERT REVEL; COMMONWEALTH OF PENNSYLVANIA; RICHARD THORNBURGH, FORMER GOVERNOR, COMMONWEALTH OF PENNSYLVANIA; JAY COCHRAN, COMMISSIONER OF STATE POLICE, COMMONWEALTH OF PENNSYLVANIA; RICHARD REED; MORRIS DEMSKO; E.I. DUPONT DE NEMOURS AND COMPANY; ALFONSO LEAPHART, ADMINISTRATOR OF THE ESTATE OF VINCENT LOPEZ LEAPHART, A/K/A JOHN AFRICA, APPELLANT IN NO. 94-1321, CITY OF PHILADELPHIA, APPELLANT IN NOS. 94-1378, 94-1233, AND 94-1272, WILLIAM C. RICHMOND, APPELLANT IN NO. 94-1276; IN RE: CITY OF PHILADELPHIA LITIGATION; LOUISE JAMES V. FRANK POWELL; GREGORE J. SAMBOR; LEO BROOKS; WILLIAM C. RICHMOND; W. WILSON GOODE; CITY OF PHILADELPHIA; STATE OF PENNSYLVANIA; DU PONT DE NEMOURS, E.I. & COMPANY V. RAMONA JOHNSON AFRICA; ALPHONSO ROBBINS AFRICA, THIRD-PARTY DEFENDANTS; LOUISE JAMES, ADMINISTRATRIX OF THE ESTATE OF FRANK JAMES, APPELLANT IN NO. 94-1320, CITY OF PHILADELPHIA, APPELLANT IN NOS. 94-1229 AND 94-1379, GREGORE SAMBOR, APPELLANT IN NO. 94-1230, LEO A. BROOKS, APPELLANT IN NO. 94-1231, WILLIAM C. RICHMOND, APPELLANT IN NO. 94-1232

On Appeal from the United States District Court for the Eastern District of Pennsylvania. (D.C. Civil Nos. 85-02745, 85-03528, 87-02678, 87-02756). {Judge}{Q}Judges{/Q}{/Judge}

Before: Sloviter, Chief Judge, and Becker, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard. Alito, Roth, Lewis, Mckee, and Sarokin, Circuit Judges

Author: Greenberg

SUR PETITION FOR REHEARING

The petition for rehearing filed by the appellant-appellee, City of Philadelphia, 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 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.

BY THE COURT:

Morton I. Greenberg

Circuit Judge

DATED: APR 3 1995

19950403

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