No: 01-9006 DONALD HARDCASTLE v. Martin Horn, Commissioner, Pennsylvania Department of Corrections

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No: 01-9006
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DONALD HARDCASTLE
v.
MARTIN HORN, COMMISSIONER, PENNSYLVANIA DEPARTMENT OF
CORRECTIONS;
GEORGE R. WHITE, SUPERINTENDENT OF THE STATE CORRECTIONAL
INSTITUTION
AT PITTSBURGH; AND JOSEPH P. MAZURKIEWICZ, SUPERINTENDENT OF
THE STATE
CORRECTIONAL INSTITUTION AT ROCKVIEW,
Appellants
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Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Criminal Action No.98-cv-03028)
District Judge: Honorable John R. Padova
Argued on May 20, 2003
Before: SCIRICA,Chief Judge, NYGAARD and ROTH, Circuit Judges

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ORDER VACATING AND RE-FILING OF OPINION
IT IS ORDERED that the Precedential Opinion filed on May 11, 2004 in the above
case be vacated and re-filed with the dissenting opinion.
By the Court,
/s/ JANE. R. ROTH
Circuit Judge
Dated: May 14, 2004
nmb/cc: Robert B. Dunham, Esq.
Thomas W. Dolgenos, Esq.

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