UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
decided: March 28, 1995.
ATLANTIC COAST DEMOLITION & RECYCLING, INC., APPELLANT
BOARD OF CHOSEN FREEHOLDERS OF ATLANTIC COUNTY; ATLANTIC COUNTY UTILITIES AUTHORITY; BOARD OF CHOSEN FREEHOLDERS OF CAMDEN COUNTY; POLLUTION CONTROL FINANCING AUTHORITY OF CAMDEN COUNTY; SCOTT WEINER, INDIVIDUALLY AND IN HIS CAPACITY AS COMMISSIONER OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY
Before: Sloviter, Chief Judge, Becker, Stapleton, Mansmann, Hutchinson, Scirica, Cowen, Nygaard, Alito, Roth, Lewis, McKEE, and Sarokin, Circuit Judges
SUR PETITION FOR REHEARING
The petition for rehearing filed by appellee, Commissioner, NJ Dept. of Env. Protection 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,
Walter K. Stapleton
Dated: March 28, 1995
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