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J & R Ice Cream Corp. v. California Smoothie Licensing Corp.

decided: August 4, 1994.

FRANK E. ACIERNO
v.
PHILIP CLOUTIER; RICHARD CECIL; ROBERT POWELL; ROBERT WOODS; CHRISTOPHER ROBERTS; PENROSE HOLLINS; KAREN VENEZKY; NEW CASTLE COUNTY; MICHAEL MITCHELL, PHILIP CLOUTIER, RICHARD CECIL, ROBERT POWELL, ROBERT WOODS, CHRISTOPHER ROBERTS, PENROSE HOLLINS AND KAREN VENEZKY, APPELLANTS IN NO. 93-7456; MICHAEL T. MITCHELL, APPELLANT IN NO. 93-7617



{Judge}{Q}Judges{/Q}{/Judge}

Present: Sloviter, Chief Judge, Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, Alito, Roth, Lewis, and McKEE, Circuit Judges.

Author: Sloviter

Order

A majority of the active Judges having voted for rehearing in banc in the above appeal, it is ORDERED as follows:

1. The Clerk of this Court shall vacate the panel's opinion and judgment dated July 7, 1994.

2. The court, having voted to take the above matter as a submit, will list this case on August 30, 1994.

3. The parties may submit a contemporaneously filed brief, if they desire, limited to 25 pages on the issue of whether this court should overrule its decision in Prisco v. United States, 851 F.2d 93 (3d Cir. 1988), cert. denied, 490 U.S. 1089, 104 L. Ed. 2d 985, 109 S. Ct. 2428 (1989). Fourteen copies of such brief should be filed and submitted to the Clerk's Office on or before August 17, 1994.

By the Court,

Dolores K. Sloviter

Chief Judge

Dated: August 4, 1994

19940804

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