Rehearing Granted, Panel Opinion Vacated September 2, 1987.
Reargued In Banc November 9, 1987.
OPINION OF THE COURT
GARTH, Senior Circuit Judge:
The primary issue we confront on this appeal is whether the defendant, the Southeastern Pennsylvania Transportation Authority (SEPTA), is a Commonwealth party within the ambit of the sovereign immunity statute enacted by the Pennsylvania General Assembly in 1978. Both the plaintiff, Harold T. Toombs...
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