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Simmons v. Urban Redevelopment Authority of City of Pittsburgh

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: March 16, 1995.

CHARLES N. RILEY; THELMA LEVINE; DR. DONALD I. SCHIFFMAN, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED
v.
TED D. SIMMONS; HENRY E. KATES; JOHN LLOYD HUCK; STEPHEN CARLOTTI; FRED E. BROWN; EDWARD MERRICK BULL; RAYMOND E. CARTLEDGE; JAMES E. FERLAND; ELLEN V. FUTTER; PAUL HARDIN; PETER HARRIS; THE ESTATE OF JOHN HARRISON KREAMER; ROCCO J. MARANO; JOSH WESTON, THELMA LEVINE, AND DONALD I. SCHIFFMAN, ON BEHALF OF THE UNCERTIFIED CLASS CONSISTING OF ALL PERSONS, EXCEPT DEFENDANTS, WHO PURCHASED OR OTHERWISE BENEFICIALLY ACQUIRED SECURITIES THAT WERE INCORRECTLY AND MISLEADINGLY LABELLED OR DESCRIBED AS ANNUITIES FROM MUTUAL BENEFIT LIFE INSURANCE COMPANY DURING THE PERIOD AUGUST 14, 1988 TO JULY 15, 1991, APPELLANTS

Appeal from the United States District Court for the District of New Jersey. (D.C. Civil Docket No. 91-cv-03626). {Judge}{Q}Judges{/Q}{/Judge}

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

Author: Hutchinson

SUR PETITION FOR REHEARING

The petition for rehearing filed by appellees Ted D. Simmons, John Lloyd Huck, Stephen Carlotti, Fred E. Brown, Edward Merrick Bull, Raymond E. Cartledge, James E. Ferland, Ellen V. Futter, Paul Hardin, Peter Harris, the Estate of John Harrison Kreamer, Rocco J. Marano and Josh Weston 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.

By the Court,

William D. Hutchinson

Circuit Judge

DATED: March 16, 1995


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