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Elassaad v. Independence Air

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


July 6, 2010

JOSEPH ELASSAAD, APPELLANT
v.
INDEPENDENCE AIR, INC.; DELTA AIR LINES, INC.,

Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil No. 05-cv-02328) District Judge: Honorable Edmund V. Ludwig.

The opinion of the court was delivered by: Marjorie O. Rendell Circuit Judge

Present: MCKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, VANASKIE, Circuit Judges, and AMBROSE, District Judge.*fn1

SUR PETITION FOR REHEARING WITH SUGGESTION FOR REHEARING IN BANC

Upon consideration of the Petition of Appellee, Independence Air, Inc., for Rehearing En Banc or Panel Rehearing, it is hereby ORDERED that the said petition is GRANTED to the extent it seeks panel rehearing, and the precedential opinion of this Court filed on May 12, 2010 is hereby VACATED.

Petitioner has urged that our opinion in this case failed to acknowledge its argument regarding conflict preemption. The panel's Amended Opinion, filed contemporaneously herewith, includes a discussion of this issue and vacates the order of the District Court.


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