Opinions of the United 2007 Decisions States Court of Appeals for the Third Circuit

11-23-2007

Lafferty v. St. Riel Precedential or Non-Precedential: Precedential

Docket No. 05-5357

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Recommended Citation "Lafferty v. St. Riel" (2007). 2007 Decisions. Paper 155. http://digitalcommons.law.villanova.edu/thirdcircuit_2007/155

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 05-5357

DEBRA A. LAFFERTY; RANDOLPH C. LAFFERTY, HER HUSBAND, Appellants v. GITO ST. RIEL; ACHENBACH’S PASTRIES, INC.; JOHN DOE; MARY DOE; ABC PARTNERSHIPS; DEF CORPORATIONS; XYZ CORPORATIONS, JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE

Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil Action No. 05-cv-04094) Chief District Judge: Honorable Harvey Bartle, III

Submitted Under Third Circuit LAR 34.1(a) January 9, 2007

Before: McKEE, AMBRO and FISHER, Circuit Judges

(Opinion filed July 17, 2007)

Daniel J. Cahill, Esquire Youngblood, Corcoran, Lafferty & Hyberg 1201 New Road Suite 230, Cornerstone Commerce Center Linwood, NY 08221

Counsel for Appellants

Lloyd G. Parry, Esquire Davis, Parry & Tyler 1525 Locust Street, 14th Floor Philadelphia, PA 19102

Counsel for Appellees

ORDER AMENDING PRECEDENTIAL OPINION

AMBRO, Circuit Judge

It is now ordered that the published Opinion in the above case filed July 13, 2007, and first amended on July 17, 2007, be further amended as follows:

On page 3, remove the comma between “improper” and “transferor”

On page 4, footnote 1, insert a comma between “and” and “as the District Court” On page 10, change “Moore’s Fed.” to “Moore’s Federal”

On page 11, change “Moore’s Fed.” to “Moore’s Federal”

On page 17, insert a comma after the second “that” in the following sentence beginning “Relevant to the question before us,” so that the sentence reads:

Relevant to the question before us today is that Shushan acknowledged that, were the § 1406(a) transfer permissible, the plaintiff would not have “los[t] its day in court by reason of the running of the statute of limitations in another forum.”

On page 22, insert a comma between “§ 3827” and “at 581” so the citation reads as follows: (citing Moore’s Federal Practice, supra, §§ 111.02, 111.38; Wright, Miller & Cooper, supra, § 3827, at 581 n.22).

By the Court,

/s/ Thomas L. Ambro, Circuit Judge Dated: November 23, 2007 SLC/cc: Daniel J. Cahill, Esq. Lloyd G. Parry, Esq.

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