2003 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

5-8-2003

Otto v. PA State Ed Assoc

Precedential or Non-Precedential: Precedential

Docket 01-3858

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Recommended Citation

"Otto v. PA State Ed Assoc" (2003). 2003 Decisions. Paper 516.

http://digitalcommons.law.villanova.edu/thirdcircuit_2003/516
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.
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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