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Beverly Enterprises-Pennsylvania, Inc., D/B/A Stenton Hall Nursing and Convalescent Home v. District 1199c National Union of Hospital and Health Care Employees, Afscme, Afl-Cio National Union of Hospital and Health Care Employees, Afscme, Afl-Cio

Citations: 98 F.3d 730; 1996 U.S. App. LEXIS 27366Docket: 95-2025

Court: Court of Appeals for the Third Circuit; October 7, 1996; Federal Appellate Court

Narrative Opinion Summary

The petition for rehearing filed by Beverly Enterprises-Pennsylvania, Inc. concerning the prior decision in case No. 95-2025 has been considered by the judges who participated in the original ruling and by all other available circuit judges. No judge who concurred in the decision requested a rehearing, and a majority of the active circuit judges did not vote in favor of rehearing en banc. Consequently, the petition for rehearing is denied, with the denial applicable only to the panel rehearing.

Legal Issues Addressed

Denial of Panel Rehearing

Application: The denial of the petition for rehearing is specific to the panel and does not extend to en banc consideration, as no sufficient support was found among the judges.

Reasoning: Consequently, the petition for rehearing is denied, with the denial applicable only to the panel rehearing.

Petition for Rehearing Standards

Application: The court applies the standard for granting a rehearing by considering whether any judges who concurred in the original decision or a majority of active circuit judges request a rehearing en banc.

Reasoning: No judge who concurred in the decision requested a rehearing, and a majority of the active circuit judges did not vote in favor of rehearing en banc.