affirming dismissal of complaint; "The district court did not rule on the class certification because it ultimately concluded that plaintiff failed to state a claim.’’
How later courts described this case
- affirming dismissal of complaint; "The district court did not rule on the class certification because it ultimately concluded that plaintiff failed to state a claim.’’
- “thus, we need not reach the issue of whether SEPTA could be held liable where, as here, we have concluded that no constitutional right was violated”
Written by the judges who cited it.
The opinion
SUR PETITION FOR REHEARING
May 21, 1993.
PRESENT: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS and SEITZ, * Circuit Judges.
The petition for rehearing filed by appellants in the above captioned matter having been' submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.