UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
November 3, 1981
BLACK, ELWOOD W., SR. AND BLACK, JOYCE APPELLEES
STEPHENS, WAYNE AND CITY OF ALLENTOWN AND GABLE, CARSON APPELLANTS
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 appellants in the above entitled 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, 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.
STATEMENT BY JUDGE ADAMS SUR DENIAL PETITION FOR REHEARING
Judge Adams votes for rehearing primarily because he is concerned that the award of punitive damages against the City of Allentown may be barred by City of Newport v. Fact Concerts, Inc ., 49 U.S.L.W. 4860 (1981), and also because the evidence does not appear to support an award of damages in the relative proportions reported by the jury.
STATEMENT BY JUDGE GARTH SUR DENIAL PETITION FOR REHEARING
Judge Garth would grant the petition for rehearing for the reasons expressed in his panel dissent.
Judge Weis would grant the petition for rehearing in banc.
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