David Jaroslawicz v. M&tbank Corporation

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
No. 17-3695
DAVID JAROSLAWICZ
v.
M&T BANK CORPORATION; HUDSON CITY BANCORP INC.;
*THE ESTATE OF ROBERT G. WILMERS, BY ITS PERSONAL
REPRESENTATIVES ELISABETH ROCHE WILMERS,
PETER MILLIKEN, AND HOLLY MCALLISTER SWETT; RENE F. JONES;
MARK J. CZARNECKI; BRENT D. BAIRD; ANGELA C. BONTEMPO;
ROBERT T. BRADY; T. JEFFERSON CUNNINGHAM, III; GARY N. GEISEL;
JOHN D. HAWKE, JR.; PATRICK W.E. HODGSON; RICHARD G. KING;
JORGE G. PEREIRA; MELINDA R. RICH; ROBERT E. SADLER, JR.;
HERBERT L. WASHINGTON; DENIS J. SALAMONE; MICHAEL W. AZZARA;
VICTORIA H. BRUNI; DONALD O. QUEST; JOSEPH G. SPONHOLZ;
CORNELIUS E. GOLDING; WILLIAM G. BARDEL; SCOTT A. BELAIR
BELINA FAMILY; JEFF KRUBLIT,
Appellants
*(Amended pursuant to Clerk's Order dated 3/1/18)
(D. Del. Civ. No. 1-15-cv-00897)
SUR PETITION FOR PANEL REHEARING
Present: McKEE and SILER, JR., Circuit Judges*
* The Honorable Eugene E. Siler, Jr., Senior Judge for the Sixth Circuit Court of Appeals,
sat by designation. The Honorable Thomas I. Vanaskie, considered the matter as a
member of the merits panel retired from the Court on January 1, 2019.

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Having been submitted to the remaining judges who participated in the
decision of this Court, it is hereby O R D E R E D that the petition for rehearing by the
panel filed by the appellee in the above-entitled case is granted. The opinion and
judgment entered December 26, 2018 are hereby vacated. The merits panel is
reconstituted in light of the retirement of the Honorable Thomas I. Vanaskie. The
Honorable Paul B. Matey replaces Judge Vanaskie on the merits panel.
As the merits panel has granted panel rehearing, no further action will be taken by
the en banc court. The parties may file a new petition for rehearing after disposition of
the matter by the reconstituted merits panel.
BY THE COURT,
s/ Theodore A. McKee
Circuit Judge
Date: June 4, 2019

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