UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
February 25, 1981
DOROTHY HOOTS, INDIVIDUALLY AND AS MOTHER OF HER CHILDREN JANELLE HOOTS AND JAMIE HOOTS; MRS. ADDRALLACE KNIGHT, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF HER CHILDREN RONALD KNIGHT, LORETTA KNIGHT, TERRANCE KNIGHT, MARC KNIGHT AND BYRON KNIGHT; BARBARA SMITH, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF HER CHILDREN TAWANDA SMITH, TEVELA SMITH, JOSEPH SMITH, WESLEY SMITH AND ERIC SMITH; ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, APPELLANTS
COMMONWEALTH OF PENNSYLVANIA; EDWARD X. HALLENBERG, PRESIDENT OF THE ALLEGHENY COUNTY BOARD OF SCHOOL DIRECTORS; THE ALLEGHENY COUNTY BOARD OF SCHOOL DIRECTORS; W. DEMING LEWIS, CHAIRMAN OF THE PENNSYLVANIA STATE BOARD OF EDUCATION; THE PENNSYLVANIA STATE BOARD OF EDUCATION; MICHAEL SULLIVAN, PRESIDENT OF THE SCHOOL DISTRICT OF THE BOROUGH OF BRADDOCK; THE SCHOOL DISTRICT OF THE BOROUGH OF BRADDOCK; ANDREW LISYAK, PRESIDENT OF THE SCHOOL BOARD OF THE SCHOOL DISTRICT OF THE BOROUGH OF RANKIN; THE SCHOOL DISTRICT OF THE BOROUGH OF RANKIN; LEO CAMPBELL, PRESIDENT OF THE SCHOOL BOARD OF THE SCHOOL DISTRICT OF THE BOROUGH OF NORTH BRADDOCK; AND THE SCHOOL DISTRICT OF THE BOROUGH OF NORTH BRADDOCK; THE ALLEGHENY INTERMEDIATE UNIT BOARD OF SCHOOL DIRECTORS AND EDWARD X. HALLENBERG, AS PRESIDENT OF THE ALLEGHENY INTERMEDIATE BOARD OF SCHOOL DIRECTORS, APPELLEES SUR PETITION FOR REHEARING
Present: SEITZ, Chief Judge , ALDISERT, ADAMS, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges
The petition for rehearing filed by Appellees
in the above entitled case having been submitted to the judges who participated in the decision of this court and to all other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.
BY THE COURT,
JAMES HUNTER, III / Circuit Judge
A. LEON HIGGINBOTHAM, JR., Circuit Judge .
In their Petition for Rehearing, the appellees again claim, as the dissent did, that a 90 day time limit "is an unprecedented intrusion" upon a district court's power. Petition for Rehearing at 10. I vote to deny the petition for the reasons stated in my prior concurring opinion and in Judge Hunter's opinion. I also point out that this court has previously been willing, when dealing with corporate litigation, to impose a more rigid time limit on a district court judge than we have imposed in the present case. In Kohn v. American Metal Climax, Inc ., 458 F.2d 255 (3d Cir.), cert. denied , 409 U.S. 874 (1972), minority stockholders brought suit on April 8, 1970 to enjoin the amalgamation of their company and another corporation because the merger allegedly violated Section 10(b) of the Securities and Exchange Act of 1934, and Section Seven of the Clayton Act. The district court on August 12, 1970 preliminarily enjoined the amalgamation. In an order of August 31, this court amended a prior order staying the injunction, and directed that the district court "proceed promptly with the trial and disposition of this case on the merits so that it may enter its Final Judgment prior to October 29, 1970" -- that is, within 60 days of the court of appeals' order. The subsequent opinions of the district and appellate courts are reported at 322 F.Supp. 1331 (E.D.Pa. 1970) and 458 F.2d 255 (3d Cir. 1972). While parties may disagree on what is an appropriate time limit in a particular case, the power to impose some time limit is clear. Civil rights litigants have rights equal to corporate parties in assuring an expeditious disposition of their legal claims.
© 1998 VersusLaw Inc.