Marsha Otto v. -- 1 of 3 -- PENNSYLVANIA STATE EDUCATION ASSOCIATION-NEA

PRECEDENTIAL
Filed May 8, 2003
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 01-3858
MARSHA OTTO; F. NAYLOR EMORY;
DENNIS A. ERB; ROBERT K. GILBERT;
JAMES W. LOSSELL; BARBARA J. MCALLEY;
WESLEY S. SEMPLE, On behalf of themselves
and all other non-members similarly situated
v.
PENNSYLVANIA STATE EDUCATION ASSOCIATION-NEA;
NATIONAL EDUCATION ASSOCIATION; SHALER AREA
EDUCATION ASSOCIATION, On behalf of themselves and
all other local associations similarly situated
Appellants
No. 01-4110
MARSHA OTTO; F. NAYLOR EMORY;
DENNIS A. ERB; ROBERT K. GILBERT;
JAMES W. LOSSELL; BARBARA J. MCALLEY;
WESLEY S. SEMPLE, On behalf of themselves
and all other non-members similarly situated,
Appellants
v.

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PENNSYLVANIA STATE EDUCATION ASSOCIATION-NEA;
SHALER AREA EDUCATION ASSOCIATION, On behalf of
themselves and all other local associations similarly
situated;
NATIONAL EDUCATION ASSOCIATION;
GROVE CITY AREA EDUCATION ASSOCIATION;
JANE CAMPBELL; BARBARA LEIBY
(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
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.
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,
* 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.
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2003 are vacated. An amended opinion is issued as of this
date.
By the Court,
/s/ Thomas L. Ambro
Circuit Judge
Dated: May 8, 2003
A True Copy:
Teste:
Clerk of the United States Court of Appeals
for the Third Circuit
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