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DAVIS v. GLANTON

No. 96-1299.

107 F.3d 1044 (1997)

Kenneth E. DAVIS; James S. Ettelson; Alan C. Kessler; Frank Lutz; Joseph M. Manko; Ora R. Pierce; James J. Prendergast; Brian D. Rosenthal; David A. Sonenshein; Howard L. West; Gloria P. Wolek; Phyllis L. Zemble v. Richard GLANTON, Individually and as a Trustee of The Barnes Foundation; Niara Sudarkasa, Individually and as a Trustee of The Barnes Foundation; Shirley A. Jackson, Individually and as a Trustee of The Barnes Foundation; Charles Frank, Individually and as a Trustee of the Barnes Foundation. Richard Glanton, Niara Sudarkasa and Shirley A. Jackson, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 3, 1997.

Sur Petition for Rehearing with Suggestion for Rehearing April 1, 1997.

Attorney(s) appearing for the Case

Robert J. Sugarman (Argued), Sugarman & Associates, Philadelphia, PA, for Appellants Richard Glanton and Niara Sudarkas.

Hardy Williams, Philadelphia, PA, for Appellant Shirley Jackson.

Paul R. Rosen (Argued), Larry R. Wood, Jr., Spector, Gadon & Rosen, P.C., Philadelphia, PA, for Appellees Kenneth E. Davis, James S. Ettelson, Alan C. Kessler, Frank Lutz, Joseph M. Manko, Ora B. Pierce, James J. Prendergast, Brian D. Rosenthal, David A. Sonenshein, Howard L. West, Gloria P. Wolek, Phyllis L. Zemble.

Before: BECKER, ROTH, Circuit Judges, and BARRY, District Judge.

Sur Petition for Panel Rehearing with Suggestion for Rehearing In Banc April 1, 1997.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal by certain trustees of the Barnes Foundation, who are also African-American citizens. It requires us to determine whether a state court defamation action filed against them by certain commissioners of Lower Merion Township, alleging that the Trustees had falsely accused the Commissioners of racist official...

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