SHARRATT v. MURTHA

Filing 145

S H A R R A T T v. MURTHA

D o c . 145

UNITED STATES COURT OF APPEALS F O R THE THIRD CIRCUIT ___________ N o . 07-4285 ___________ B A R B A R A FOWLER, in d iv id u a lly, and on behalf of a group of s im ila r ly situated individuals, Appellant v. U P M C SHADYSIDE; UPMC, d o in g business as U N IV E R S IT Y OF PITTSBURGH M E D I C A L CENTER ___________ O n Appeal from the United States District Court f o r the Western District of Pennsylvania (D .C . No. 07-cv-00807) D is tric t Judge: The Honorable Arthur J. Schwab ___________ A R G U E D MAY 20, 2009 B E F O R E : FUENTES, JORDAN, and NYGAARD, Circuit Judges. ___________ JU D G M E N T ___________ T h is cause came to be heard on the record from the United States District Court for th e Western District of Pennsylvania and was argued by counsel on May 20, 2009.

O n consideration whereof, it is now here ORDERED AND ADJUDGED by this C o u rt that the order of the said District Court entered on October 19, 2007, be, and the

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same is hereby VACATED. This cause is REMANDED to the District Court for further p ro c e e d in g s .

Costs are taxed against the Appellee. A ll of the above in accordance with the opinion of this Court. ATTEST:

/s /M a rc ia M. Waldron C le rk D a te d : August 18, 2009