Opinion
Nos. 01-3858, 01-4110.
May 8, 2003. D.C. Civil Action No. 96-cv-01233.
Present: BECKER, Chief Judge, SLOVITER, SCIRICA, NYGAARD, ALITO, ROTH, McKEE, BARRY, AMBRO, FUENTES, SMITH and STAPLETON, Circuit Judges and O'NEILL, District Judge.
Judge Becker was Chief Judge at the time for voting on the petition for rehearing.
Senior Judge Walter K. Stapleton, who sat on the original panel, is limited to panel rehearing only.
Judge Thomas O'Neill, Jr., United States District Judge for the Eastern District of Pennsylvania, sitting by designation, is limited to panel rehearing only.
SUR PETITION FOR PANEL REHEARING WITH SUGGESTION FOR REHEARING EN BANC
The petition for rehearing filed by Appellants 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 a majority of the circuit judges of the Circuit in regular active service not having voted for rehearing by the Court en banc, the petition for rehearing is DENIED. Chief Judge Becker and Judge Nygaard would have granted rehearing en banc.
Judge Becker was Chief Judge at the time for voting on the petition for rehearing.
The judges who participated in the decision of the Court having voted for rehearing, the petition for panel rehearing is granted and the opinion and judgment entered April 3, 2003 are vacated. An amended opinion is issued as of this date.