UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
decided: June 18, 1993.
PARKER W. PACKARD; JOHN B. UPP, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, JOHN B. UPP, APPELLEE
PROVIDENT NATIONAL BANK; MELLON BANK (EAST), N.A., INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, MELLON BANK, N.A., APPELLANT PENNSYLVANIA BANKERS ASSOCIATION; PROBATE AND TRUST LAW SECTION OF THE ALLEGHENY COUNTY BAR ASSOCIATION; AMERICAN BANKERS ASSOCIATION; ASSOCIATION OF BANK HOLDING COMPANIES; AND INDEPENDENT BANKERS ASSOCIATION OF AMERICA, AMICUS-APPELLANT
Present: Sloviter, Chief Judge, Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, Alito, Roth and Lewis, Circuit Judges
SUR PETITION FOR REHEARING
The petition for rehearing filed by appellee 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.
By the Court,
Richard L. Nygaard, Circuit Judge
Dated: JUN 18 1993
The petition for rehearing is denied.
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