Joseph Elassaad v. Independence Air, Inc.

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 08-3878
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JOSEPH ELASSAAD,
Appellant
v.
INDEPENDENCE AIR, INC.;
DELTA AIR LINES, INC.,
_________________________
Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Civil No. 05-cv-02328)
District Judge: Honorable Edmund V. Ludwig
__________________________
Present: MCKEE, Chief Judge, SLOVITER, SCIRICA,
RENDELL, AMBRO, FUENTES, SMITH, FISHER,
CHAGARES, JORDAN, VANASKIE, Circuit Judges,
and AMBROSE, District Judge.*
___________________________________________
SUR PETITION FOR REHEARING
WITH SUGGESTION FOR REHEARING IN BANC
____________________________________________
*The Honorable Donetta W. Ambrose, Judge of the United States District Court
for the Western District of Pennsylvania, sitting by designation.

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2
Upon consideration of the Petition of Appellee, Independence Air, Inc., for
Rehearing En Banc or Panel Rehearing, it is hereby ORDERED that the said petition is
GRANTED to the extent it seeks panel rehearing, and the precedential opinion of this
Court filed on May 12, 2010 is hereby VACATED.
Petitioner has urged that our opinion in this case failed to acknowledge its
argument regarding conflict preemption. The panel’s Amended Opinion, filed
contemporaneously herewith, includes a discussion of this issue and vacates the order of
the District Court.
BY THE COURT:
/s/ Marjorie O. Rendell
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Circuit Judge
Dated: July 6, 2010
crg/cc: All counsel of record

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