UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
decided: August 18, 1994.
JOSE SAN FILIPPO, JR., APPELLANT
MICHAEL BONGIOVANNI, ANTHONY S. CICATIELLO, ADRIENNE S. ANDERSON, DONALD M. DICKERSON, FLOYD H. BRAGG, NORMAN REITMAN, INDIVIDUALLY AND AS MEMBERS OF THE BOARD OF GOVERNORS OF RUTGERS UNIVERSITY, RUTGERS UNIVERSITY, APPELLEES; RUTGERS COUNCIL OF AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, AMICUS CURIAE
Present: Sloviter, Chief Judge, Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, Roth, Lewis and McKEE, Circuit Judges, and Pollak, District Judge.*fn*
SUR PETITION FOR REHEARING
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 in regular active service, and no Judge who concurred in the decision having asked for rehearing, and a majority of the circuit Judges in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied. Judges Becker, Hutchinson and Scirica would have granted rehearing.
BY THE COURT,
Timothy K. Lewis
Date: AUG 18 1994