UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 08-3878 ___________

JOSEPH ELASSAAD,

Appellant v.

INDEPENDENCE AIR, INC.; DELTA AIR LINES, INC., _________________________

Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil No. 05-cv-02328) District Judge: Honorable Edmund V. Ludwig __________________________

Present: MCKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, VANASKIE, Circuit Judges, and AMBROSE, District Judge.*

___________________________________________

SUR PETITION FOR REHEARING WITH SUGGESTION FOR REHEARING IN BANC ____________________________________________

*The Honorable Donetta W. Ambrose, Judge of the United States District Court for the Western District of Pennsylvania, sitting by designation. Upon consideration of the Petition of Appellee, Independence Air, Inc., for

Rehearing En Banc or Panel Rehearing, it is hereby ORDERED that the said petition is

GRANTED to the extent it seeks panel rehearing, and the precedential opinion of this

Court filed on May 12, 2010 is hereby VACATED.

Petitioner has urged that our opinion in this case failed to acknowledge its

argument regarding conflict preemption. The panel’s Amended Opinion, filed

contemporaneously herewith, includes a discussion of this issue and vacates the order of

the District Court.

BY THE COURT:

/s/ Marjorie O. Rendell ___________________________________ Circuit Judge

Dated: July 6, 2010 crg/cc: All counsel of record

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