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3-18-2002 Newmark v. Secretary Veterans Precedential or Non-Precedential: Docket 1-1809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

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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