Donald R. Kurz William Anderson James E.W. Beck William T. Bergen Charles W. Bowden William H. Brown Richard Cahill Armando L. Capoferri Robert C. Demarco James J. Dilolle, Sr. Vincent J. Dimaggio John J. Divalentino, Jr. William E. Drumel Victor J. Gibialante Francis T. Golden James J. Granger Elmer D. Greim, Jr. James H. Hair John M. Hoopes Benjamin J. Kilian George C. Linthicum Hubert A. McKown Jr. Henry P. McNamee Oliver K. Messner Robert E. Miller John A. Morse Samuel J. Mullen John A. Munley Stanley B. Myers John J. Nusspickel James W. Patterson Alfred B. Schumann Joseph C. Sharkey William H. Smoyer Woodrow E. Snyder James D. Sutliff Edward J. Vetner Dominic C. Viglianese G. Earle Watt Frederick W. Winterling John R. Young v. Philadelphia Electric Company Service Annuity Plan of Philadelphia Electric Company Charles L. Fritz J.L. Everett, III John H. Austin, Jr. John J. Divalento, Jr., William E. Drumel John A. Morse Samuel J. Mullen Stanley B. Myers Dominic C. Viglianese James J. Dilolle Benjamin J. Ki

Citations: 113 F.3d 432; 1997 U.S. App. LEXIS 10830Docket: 95-1795

Court: Court of Appeals for the Third Circuit; May 7, 1997; Federal Appellate Court

Combined Opinion AnalysisCombined Opinion SummaryCombined Opinion Original

Narrative Opinion Summary

In the case 113 F.3d 432, the United States Court of Appeals for the Third Circuit addressed the appeals of numerous plaintiffs, including Donald R. Kurz and others, against the Philadelphia Electric Company and associated parties concerning a Service Annuity Plan. The appellants filed a petition for panel rehearing following a prior report in 96 F.3d 1544. The court reviewed the petition but ultimately denied it, citing that none of the judges who participated in the original decision requested a rehearing. The judges involved were Circuit Judges Cowen and Roth, along with District Judge Cindrich, who was sitting by designation. The ruling was issued on May 7, 1997.

Legal Issues Addressed

Appellate Procedure for Rehearingsubscribe to see similar legal issues

Application: The legal principle regarding the process for petitioning a rehearing in appellate cases is illustrated by the denial of the rehearing petition based on the absence of a request from any judge involved in the original decision.

Reasoning: The court reviewed the petition but ultimately denied it, citing that none of the judges who participated in the original decision requested a rehearing.

Judicial Panel Compositionsubscribe to see similar legal issues

Application: The case demonstrates the composition of a judicial panel in the appellate process, including the participation of circuit judges and a district judge sitting by designation.

Reasoning: The judges involved were Circuit Judges Cowen and Roth, along with District Judge Cindrich, who was sitting by designation.