VENEN v. SWEET

No. 84-3251.

758 F.2d 117 (1985)

David VENEN, Appellant, v. Honorable Charles C. SWEET, Individually and in his capacity as President Judge of the Court of Common Pleas of Washington County Pennsylvania; Avella Area School District; John Dryer, Alex Hamilton, Eugene Painter, Jr., Emanuel Paris, Thomas Zellers, all individually and as members of the Board of Directors of the Avella Area School District; Central Tax Bureau, Inc., a Pennsylvania Corporation and Paul Slifer, individually and as agent for the Central Tax Bureau, Inc., Appellees.

United States Court of Appeals, Third Circuit.

Decided March 29, 1985.


Attorney(s) appearing for the Case

Peter M. Suwak (argued), Washington, Pa., for appellant.

Paul J. Gelman (argued), Philadelphia, Pa., for appellees.

Before GARTH and SLOVITER, Circuit Judges and BARRY, District Judge.


OPINION OF THE COURT

BARRY, District Judge.

This case presents the issue of whether the district court had power to grant a motion for reconsideration while the underlying action was on appeal to this court. While simply stated, the issue raises a host of considerations which must inform a district court's determination as to whether, in such a circumstance, it has jurisdiction to proceed. The court below erred in proceeding. We write vacating the orders...

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