Core Communications, Inc. v. VERIZON PENNSYLVANIA, INC. On Appeal from the United States District Court for the…

*The Honorable D. Brooks Smith participated in the oral argument, panel
conference, and joined in the decision in this case, but has discovered facts causing him to
recuse from considering the petition for rehearing. As panel rehearing has been granted
by the remaining members of the original panel, The Honorable Anthony J. Scirica will
be added to complete the coram for further proceedings regarding the merits of the
appeal.
**
The Honorable Gustave Diamond, United States District Judge for the Western
District of Pennsylvania, sitting by designation.
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 06-2419
CORE COMMUNICATIONS, INC.,
Appellant
v.
VERIZON PENNSYLVANIA, INC.
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. No. 04-cv-04513)
District Judge: Honorable Timothy J. Savage
Present: SMITH * and FISHER, Circuit Judges, and DIAMOND, ** District Judge.
SUR PETITION FOR PANEL REHEARING
The petition for panel rehearing filed by Appellant having been submitted to the
judges who participated in the decision of this court and are not recused, it is hereby

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ORDERED that the petition for panel rehearing is GRANTED. The opinion filed May 9,
2007, is hereby VACATED, and a subsequent opinion will be issued.
BY THE COURT:
/s/ D. Michael Fisher
Circuit Judge
Dated: June 13, 2007
PDB/cc: Michael B. Hazzard, Esq.
Deborah J. Israel, Esq.
Barry W. Krengel, Esq.
Louis J. Rouleau, Esq.
Thomas A. Leonard, Esq.
Richard P. Limburg, Esq.
Cynthia L. Randall, Esq.
Joseph M. Ruggiero, Esq
Austin C. Schlick, Esq.
H. David Seidman, Esq

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