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SERBIN v. ZIEBART INTERN. CORP., INC.

Nos. 92-3689, 93-5321.

11 F.3d 1163 (1993)

Sara G. SERBIN and George Baker, individually, and on behalf of all others similarly situated, Appellants, v. ZIEBART INTERNATIONAL CORPORATION, INC. and Ziebart Corporation, Appellees. Sheilah GUARINO, Appellant, v. SUN COMPANY, INC., Sun Refining & Marketing Company, Robert McClements, Jr., David Zebley and Wells, Rich, and Greene, Inc., Appellees.

United States Court of Appeals, Third Circuit.

Consolidated Order dated June 24, 1993.

Submitted October 29, 1993.

Decided November 30, 1993.

Sur Petition for Rehearing December 29, 1993.

Attorney(s) appearing for the Case

Samuel J. Cordes, Andrew G. Sykes, Nancy A. Walker (argued), Ogg, Jones, DeSimone & Ignelzi, Pittsburgh, PA, for appellants in No. 92-3689.

Gary P. Hunt, Richard B. Tucker, III (argued), Tucker Arensberg, P.C., Pittsburgh, PA, for appellees in No. 92-3689.

John F. Innelli, Rudolph, Seidner, Goldstein, Rochestie, Salmon & Dorian, Philadelphia, PA, Joseph J. Baldassari, Heaney, Kilcoyne & Furey, Pennsauken, NJ, for appellant in No. 93-5321.

James M. Beck, Jon A. Baughman, Pepper, Hamilton & Scheetz, Philadelphia, PA, for appellees in No. 93-5321.

Before: STAPLETON and ALITO, Circuit Judges and POLLAK, District Judge.

Consolidated for purpose of disposition by Court Order dated June 24, 1993 with Appeal at No. 93-5321.

Submitted Under Third Circuit LAR 34.1(a) October 29, 1993.

Sur Petition for Rehearing in No. 93-5321 December 29, 1993.

OPINION OF THE COURT

POLLAK, District Judge:

These two cases have been consolidated on appeal because, in challenging dismissal of their respective claims, plaintiff...

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