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Christy v. Pennsylvania Turnpike Commission

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: April 27, 1995.

CHARLES A. CHRISTY,
v.
PENNSYLVANIA TURNPIKE COMMISSION, A DULY ORGANIZED AND EXISTING AGENCY OF THE COMMONWEALTH OF PENNSYLVANIA; ROBERT BRADY, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JAMES J. DODARO, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; HOWARD YERUSALIM, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; FRANK S. URSOMARSO, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JAMES F. MALONE, III, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JOHN L. SOKOL, JR., INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; S. MICHAEL PALERMO, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JOSEPH L. DIRIENZO, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; SAMUEL S. CARNABUCI, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; MELVIN M. SHELTON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; DEBORAH KOVAL, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY; JOHN A. BOSCHI, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; VINCENT J. GRECO, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JOHN A. STEWART, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; GEORGE PILECKI, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; SEAN PILECKI, INDIVIDUALLY PENNSYLVANIA TURNPIKE COMMISSION, ROBERT BRADY, VINCENT GRECO AND JOHN STEWART, APPELLANTS NO. 94-1386, JOHN A. BOSCHI, APPELLANT NO. 94-1398

{History}Substituted Opinion of May 23, 1995.

Before: Stapleton, Alito and Lewis, Circuit Judges.

Author: Lewis

Order

IT IS ORDERED THAT:

1. The petition for panel rehearing is granted.

2. The panel's opinion filed March 27, l995 is vacated.

3. A revised panel opinion will be filed following circulation to the full court in accordance with I.O.P. 9.4.

4. The application for rehearing in banc is dismissed as moot, but without prejudice to the filing of a new application for rehearing in banc in accordance with I.O.P. 9.5.

BY THE COURT

/s/ Timothy K. Lewis

Circuit Judge

Dated: April 27, 1995

19950427

© 1998 VersusLaw Inc.



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