Opinions of the United 2002 Decisions States Court of Appeals for the Third Circuit

3-18-2002

Newmark v. Secretary Veterans Precedential or Non-Precedential:

Docket 1-1809

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2002

Recommended Citation "Newmark v. Secretary Veterans" (2002). 2002 Decisions. Paper 185. http://digitalcommons.law.villanova.edu/thirdcircuit_2002/185

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2002 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact [email protected]. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 01-1809

ARTHUR NEWMARK, M.D., Appellant

v.

*ANTHONY PRINCIPI, SECRETARY, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS; TRACY BARRETT, in her official capacity as Acting Chief of Staff, and in her individual capacity; MICHAEL BERKWITS, in his official capacity as Director of the Emergency Room, and in his individual capacity; EARL FALLAST; JOHN DOE Nos. 1-5; PHILADELPHIA VETERANS AFFAIRS MEDICAL CENTER

*(Substituted Pursuant to F.R.A.P. 43(c))

Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil No. 99-cv-05798) District Judge: Honorable Jan E. DuBois

Argued January 17, 2002 Before: RENDELL, FUENTES, and MAGILL*, Circuit Judges

(Opinion Filed: March 13, 2002)

___________________________

* Hon. Frank J. Magill, Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation. ____________

ORDER AMENDING SLIP OPINION ____________

IT IS HEREBY ORDERED that the slip opinion filed in this matter on March 13, 2002, is amended as follows: 1. On page 4, line 12, delete "(Appee. Supp. Br. at 5)." 2. On page 8, first full paragraph, first line, delete the word "the" before "S.265."

BY THE COURT:

/s/ Marjorie O. Rendell Circuit Judge

Dated: March 18, 2002