UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
decided: February 15, 1995.
JAMES C. FELDMAN,
THE PHILADELPHIA HOUSING AUTHORITY; JONATHAN A. SAIDEL, INDIVIDUALLY AND AS CHAIRMAN OF THE BOARD OF COMMISSIONERS OF THE PHILADELPHIA HOUSING AUTHORITY; JOHN PAONE, INDIVIDUALLY AND AS EXECUTIVE DIRECTOR OF THE PHILADELPHIA HOUSING AUTHORITY; PEGGY JONES; CLAYTON CARTER, JR.,; NELLIE REYNOLDS, COURTNEY C. SMITH, JR., INDIVIDUALLY AND AS MEMBERS OF THE BOARD OF THE PHILADELPHIA HOUSING AUTHORITY, JONATHAN A. SAIDEL, IN HIS INDIVIDUAL CAPACITY, APPELLANT IN NOS. 93-1977 AND 93-2129, JOHN PAONE, APPELLANT IN NO. 93-2115, PHILADELPHIA HOUSING AUTHORITY, JONATHAN A. SAIDEL AND JOAN PAONE, IN THEIR OFFICIAL CAPACITIES, APPELLANTS IN NOS. 93-1978 AND 93-2139
Before: Sloviter, Chief Judge, Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, Alito, Roth, Lewis, McKEE, Sarokin, Garth, and Pratt,*fn* Circuit Judges
SUR PETITION FOR REHEARING
The petitions for rehearing filed by appellants Saidel, Paone, and Philadelphia Housing Authority in the above-entitled cases 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 petitions for rehearing are denied.
Judge Garth would grant panel rehearing for the reasons stated in his panel Dissent.
By the Court,
Walter K. Stapleton
Dated: FEB 15 1995