Justin Layshock v. Hermitage Sch Dist

Filing 53

ORDER (SCIRICA, Chief Judge, SLOVITER, MCKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN and GREENAWAY, Circuit Judges) granting Petition for En Banc Rehearing by Appellant Hermitage Sch Dist. It is Further Ordered that the opinion and judgment filed February 4, 2010 as to the appeal No. 07-4465, are hereby vacated, filed. SCIRICA, Authoring Judge. (MLR) [Entered: 04/09/2010 09:19 AM]

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 07-4465 JUSTIN LAYSHOCK, a minor, by and through his parents; DONALD LAYSHOCK; CHERYL LAYSHOCK, individually and on behalf of their son v. HERMITAGE SCHOOL DISTRICT KAREN IONTA, District Superintendent; ERIC W. TROSCH, principal Hickory High School CHRIS GILL, Co-Principal Hickory High School, all in their official and individual capacity Hermitage School District, Appellant (WDPA Civil Action No. 06-cv-00116) PRESENT: SCIRICA, Chief Judge, SLOVITER, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, GREENAWAY and ROTH, Circuit Judges ORDER Upon consideration of the petition for rehearing filed by appellant and the answer filed by appellees, it is hereby O R D E R E D that the petition for rehearing en banc is granted. It is FURTHER ORDERED that the opinion and judgment filed February 4, 2010 as to the appeal at No. 07-4465, are hereby vacated. The matter will be argued before the en banc court on Thursday, June 3, 2010, at 10:00 a.m. By the Court, /s/ Anthony J. Scirica Chief Judge Date: April 9, 2010 MLR/cc: Witold J. Walczak, Esq. Kim M. Watterson, Esq. Richard T. Ting, Esq. Christina Lane, Esq. Anthony G. Sanchez, Esq. John W. Whitehead, Esq. Sean A. Fields, Esq. Joanna J. Cline, Esq. 2

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