Opinions of the United 1994 Decisions States Court of Appeals for the Third Circuit

8-4-1994 Acierno v. Cloutier Precedential or Non-Precedential: Docket 93-7456

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1994 Recommended Citation "Acierno v. Cloutier" (1994). 1994 Decisions. Paper 101. http://digitalcommons.law.villanova.edu/thirdcircuit_1994/101

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________ NOS. 93-7456 and 93-7617 _______________

FRANK E. ACIERNO v. PHILIP CLOUTIER; RICHARD CECIL; ROBERT POWELL; ROBERT WOODS; CHRISTOPHER ROBERTS; PENROSE HOLLINS; KAREN VENEZKY; NEW CASTLE COUNTY; MICHAEL MITCHELL Philip Cloutier, Richard Cecil, Robert Powell, Robert Woods, Christopher Roberts, Penrose Hollins and Karen Venezky, Appellants in No. 93-7456 Michael T. Mitchell, Appellant in No. 93-7617 _______________

Present: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, and McKEE, Circuit Judges.

O R D E R

A majority of the active judges having voted for rehearing in banc in the above appeal, it is O R D E R E D as follows: 1. The Clerk of this Court shall vacate the panel's opinion and judgment dated July 7, 1994.

2. The court, having voted to take the above matter as a submit, will list this case on August 30, 1994.

3. The parties may submit a contemporaneously filed brief, if they desire, limited to 25 pages on the issue of whether this court should overrule its decision in Prisco v. United States, 851 F.2d 93 (3d Cir. 1988), cert. denied, 490 U.S. 1089 (1989). Fourteen copies of such brief should be filed and submitted to the Clerk's Office on or before August 17, 1994.

By the Court,

/s/ Dolores K. Sloviter Chief Judge

Dated: August 4, 1994