Opinions of the United 2003 Decisions States Court of Appeals for the Third Circuit

2-20-2003

Broselow v. Fisher Precedential or Non-Precedential: Precedential

Docket 01-3933

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Recommended Citation "Broselow v. Fisher" (2003). 2003 Decisions. Paper 773. http://digitalcommons.law.villanova.edu/thirdcircuit_2003/773

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Filed February 20, 2003

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 01-3933

PETER BROSELOW, ON HIS OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; MARY A. BROUGHTON, ON HER OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; ALFONSO BROUGHTON, ON HIS OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, Appellants

v.

D. MICHAEL FISHER, ATTORNEY GENERAL; FEATHER O. HOUSTON, SECRETARY OF THE PENNYSLVANIA DEPARTMENT OF PUBLIC WELFARE; PEG DIERKERS, DEPUTY SECRETARY FOR PUBLIC WELFARE FOR MEDICAL ASSISTANCE PROGRAMS; CITIBANK N.A.

Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil Action No. 00-cv-00493) District Judge: Honorable Louis H. Pollak

Argued on August 1, 2002

Before: ROTH, AMBRO and RENDELL,* Circuit Judges _________________________________________________________________

*The Honorable Marjorie O. Rendell participated in the oral argument and conference and joined in the decision in this case on August 1, 2002, but became recused from this matter prior to filing of the opinion. This opinion and judgment are being entered insofar as the remaining judges are unanimous in this decision.

ORDER AMENDING SLIP OPINION

ROTH, Circuit Judge:

IT IS ORDERED that the published Opinion in the above case filed February 10, 2003, be amended as follows:

On page 4, line 110, the second sentence should read"If, in this appeal, accepting all well pleaded allegations in the complaint as true, we find that the plaintiff is not entitled to relief, we will affirm."

By the Court, /s/ Jane R. RothCircuit Judge

Dated: February 20, 2003

A True Copy: Teste:

Clerk of the United States Court of Appeals for the Third Circuit

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