UNITED STATES OF AMERICA ex rel. J. WILLIAM BOOKWALTER, III, M.D. v. Upmc

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 18-1693
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UNITED STATES OF AMERICA ex rel.
J. WILLIAM BOOKWALTER, III, M.D.;
ROBERT J. SCLABASSI, M.D.; ANNA MITINA
v.
UPMC; UNIVERSITY OF PITTSBURGH PHYSICIANS,
d/b/a UPP DEPARTMENT OF NEUROSURGERY
J. WILLIAM BOOKWALTER, III, M.D.;
ROBERT J. SCLABASSI, M.D.; ANNA MITINA,
Appellants
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(W.D. Pa. No. 2:12-cv-00145)
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SUR PETITION FOR REHEARING
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Present: SMITH, Chief Judge, and McKEE, AMBRO, CHAGARES, JORDAN,
HARDIMAN, GREENAWAY, JR., SHWARTZ, KRAUSE, RESTREPO,
BIBAS, MATEY, PHIPPS, and FUENTES,* Circuit Judges
The petition for rehearing filed by Appellees in the above-captioned case 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, it is hereby ORDERED that
the petition for rehearing is GRANTED IN PART. A majority of the judges who partici-
pated in the decision of the Court having voted for rehearing, the petition for rehearing by
* Judge FUENTES’s vote is limited to panel rehearing only.

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the panel is GRANTED. The opinion and judgment filed September 17, 2019, are hereby
VACATED. A subsequent opinion and judgment are herewith issued.
The majority has made changes to the language that appeared at pages 3–4, 6, 11, 15,
27–30, 32–33, 35–37, and 39–40 of the original opinion. Most of the material that appeared
at pages 18–25 of the original opinion has been deleted. Judge AMBRO’s opinion concur-
ring in the judgment has been withdrawn.
A majority of the judges of the circuit in regular service not having voted for rehearing,
the petition for rehearing by the Court en banc is DENIED.
By the Court,
s/ Stephanos Bibas
Circuit Judge
Dated: December 20, 2019
NMR/cc: Patrick K. Cavanaugh, Esq.
Stephen J. Del Sole, Esq.
Gregory M. Simpson, Esq.
Andrew M. Stone, Esq.
Kirti Datla, Esq.
Jessica L. Ellsworth, Esq.
Sarah C. Marberg, Esq.

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