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  5. 953 F.2d 807 (1991)
 

BOLDEN v. SOUTHEASTERN PENNSYLVANIA TRANSP. AUTH.

Nos. 90-1435, 90-1478.

953 F.2d 807 (1991)

Russell BOLDEN, Appellant in No. 90-1478 v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant in 90-1435, v. TRANSPORT WORKERS UNION OF PHILADELPHIA, LOCAL 234, TRANSPORT WORKERS UNION OF AMERICA AFL/CIO, Appellee/Cross-Appellant.

United States Court of Appeals, Third Circuit.

Reargued October 9, 1991.

Decided December 31, 1991.

Attorney(s) appearing for the Case

H. Francis deLone, Jr. (argued), Philadelphia, Pa., for Russell Bolden.

John F. Smith, III, Richard S. Meyer (argued), Virginia H. Miller, Thomas E. Groshens, Barbara Shotel, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, Pa., for Southeastern Pennsylvania Transp. Authority.

Before SLOVITER, Chief Judge and BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH and ROSENN, Circuit Judges.

Reargued In Banc October 9, 1991.

Originally Argued Jan. 8, 1991.

Before: COWEN, ALITO and ROSENN, Circuit Judges.

Reargued In Banc Oct. 9, 1991.

Before SLOVITER, Chief Judge and BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH and ROSENN,* Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

The Southeastern Pennsylvania Transportation...

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