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PENN. NURSES ASS'N v. PENN. STATE EDUC. ASS'N

Nos. 95-7457, 95-7458, and 95-7645.

90 F.3d 797 (1996)

PENNSYLVANIA NURSES ASSOCIATION, Appellant, v. PENNSYLVANIA STATE EDUCATION ASSOCIATION; Debra Ferguson; Richard Lewis; Jeffrey Lewis; Karen Schrader; Alfred Nelson, Jr.; Thomas Ferguson. PENNSYLVANIA NURSES ASSOCIATION v. PENNSYLVANIA STATE EDUCATION ASSOCIATION; Debra Ferguson; Richard Lewis; Jeffrey Lewis; Karen Schrader; Alfred Nelson, Jr.; Thomas Ferguson, Appellants. PENNSYLVANIA STATE EDUCATION ASSOCIATION; Debra Ferguson; Richard Lewis; Jeffrey Lewis; Karen Schrader; Alfred Nelson, Jr.; Thomas Ferguson, Petitioners, v. PENNSYLVANIA NURSES ASSOCIATION, Respondent, Honorable William W. Caldwell, Nominal Respondent.

United States Court of Appeals, Third Circuit.

Decided July 25, 1996.

Sur Petition for Rehearing August 26, 1996.

Attorney(s) appearing for the Case

Thomas A. French (argued), David F. O'Leary, Rhoads & Sinon, Harrisburg, PA, Barbara J. Sapin, American Nurses Association, Washington, DC, for Appellant in No. 95-7457, and Appellee in No. 95-7458.

Robert H. Chanin (argued), National Educational Association, Washington, DC, Jonathan Walters, Markowitz & Richman, Philadelphia, PA, for Appellees in No. 95-7457, Appellants in No. 95-7458, and Petitioners in No. 95-7645.

Todd J. Shill, Rhoads & Sinon, Harrisburg, PA, for Respondent in No. 95-7645.

Before: SLOVITER, Chief Judge, and SAROKIN and ROSENN, Circuit Judges.

Sur Petition for Rehearing in No. 95-7457 August 26, 1996.

OPINION OF THE COURT

SLOVITER, Chief Judge.

The contesting parties in this case are two labor organizations who vied for the right to represent the nurses at eight health-care facilities in Pennsylvania and Delaware. Pennsylvania Nurses Association (PNA), the organization that had previously been the bargaining agent, filed an action asserting eleven state-law tort claims against the Pennsylvania...

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