Opinions of the United 2009 Decisions States Court of Appeals for the Third Circuit

4-23-2009 Berrier v. Simplicity Mfg Inc Precedential or Non-Precedential: Precedential Docket No. 05-3621

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2009 Recommended Citation "Berrier v. Simplicity Mfg Inc" (2009). 2009 Decisions. Paper 1430. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1430

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 05-3621

WAYNE BERRIER; BRENDA GREGG, in their own right and as parents and natural guardians of Ashley Berrier, a minor, Appellants

v. SIMPLICITY MANUFACTURING, INC., Third-Party Plaintiff v. SUSIE SHOFF; MELVIN SHOFF, Third-Party Defendants

Appeal from the United States District Court for The Eastern District of Pennsylvania (Civil Action No. 04-cv-00097) District Judge: Hon. Legrome D. Davis

Argued: January 8, 2007 Before: McKEE, AMBRO, and FISHER Circuit Judges

ORDER AMENDING OPINION

IT IS HEREBY ORDERED that the Opinion filed in this case on April 21, 2009, be amended as follows: On page 36, delete the sentence reading: “He stated: ‘I BELIEVE, HOWEVER, that the . . . summation of Pennsylvania law demonstrates a compelling need for consideration of reasoned alternatives, such as are reflected in the position the Third Restatement.’ 841 A.2d at 1018 (upper case in original, italics added).” Replace it with: “He stated: ‘I believe, however, that the . . . summation of Pennsylvania law demonstrates a compelling need for consideration of reasoned alternatives, such as are reflected in the position of the Third Restatement.’ 841 A.2d at 1018 (italics added).”

BY THE COURT:

/s/ Theodore A. McKee CIRCUIT JUDGE Dated: 23 April 2009 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 05-3621

WAYNE BERRIER; BRENDA GREGG, in their own right and as parents and natural guardians of Ashley Berrier, a minor, Appellants

v. SIMPLICITY MANUFACTURING, INC., Third-Party Plaintiff v. SUSIE SHOFF; MELVIN SHOFF, Third-Party Defendants

Appeal from the United States District Court for The Eastern District of Pennsylvania (Civil Action No. 04-cv-00097) District Judge: Hon. Legrome D. Davis

Argued: January 8, 2007 Before: McKEE, AMBRO, and FISHER Circuit Judges

ORDER AMENDING OPINION

IT IS HEREBY ORDERED that the Opinion filed in this case on April 21, 2009, be amended as follows: On page 36, delete the sentence reading: “He stated: ‘I BELIEVE, HOWEVER, that the . . . summation of Pennsylvania law demonstrates a compelling need for consideration of reasoned alternatives, such as are reflected in the position the Third Restatement.’ 841 A.2d at 1018 (upper case in original, italics added).” Replace it with: “He stated: ‘I believe, however, that the . . . summation of Pennsylvania law demonstrates a compelling need for consideration of reasoned alternatives, such as are reflected in the position of the Third Restatement.’ 841 A.2d at 1018 (italics added).”

BY THE COURT:

/s/ Theodore A. McKee CIRCUIT JUDGE Dated: 23 April 2009