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Salem Blue Collar Workers Association v. City of Salem

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: September 28, 1994.

SALEM BLUE COLLAR WORKERS ASSOCIATION; AND STEPHEN SCULL, APPELLANTS
v.
THE CITY OF SALEM; LEON JOHNSON, MAYOR OF THE CITY OF SALEM; JOHN BURKE, COMMON COUNCIL MEMBER OF THE CITY OF SALEM; ROBERT DAVIS; COMMON COUNCIL MEMBER OF THE CITY OF SALEM; ROBERT ELK, COMMON COUNCIL MEMBER OF THE CITY OF SALEM; BETSY ERHARDT, COMMON COUNCIL MEMBER OF THE CITY OF SALEM; EARL GAGE, COMMON COUNCIL MEMBER OF THE CITY OF SALEM; ROBERT JOHNSON, COMMON COUNCIL MEMBER OF THE CITY OF SALEM; DONALD SHARP, COMMON COUNCIL MEMBER OF THE CITY OF SALEM; JOSEPH WEAVER, COMMON COUNCIL MEMBER OF THE CITY OF SALEM; INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES, APPELLEES

Appeal from the United States District Court for the District of New Jersey. D.C. Civil Action No. 92-cv-01137. {Judge}{Q}Judges{/Q}{/Judge}

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

Author: Hutchinson

SUR PETITION FOR REHEARING

The petition for rehearing filed by appellants in the above captioned matter 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.

Judge Mansmann would grant rehearing.

By the Court,

William D. Hutchinson

Circuit Judge

DATED: SEP 28 1994

Disposition

Denied.


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