DEANE v. POCONO MEDICAL CENTER

No. 96-7174.

142 F.3d 138 (1998)

Stacy L. DEANE, Appellant, v. POCONO MEDICAL CENTER.

United States Court of Appeals, Third Circuit.

Reargued January 29, 1998.

Decided April 15, 1998.

As Amended May 11, 1998.


Attorney(s) appearing for the Case

Debra A. Jensen (Argued), Daniel Bencivenga, Galfand, Berger, Lurie, Brigham, Jacobs, Swan, Jurewicz & Jensen, Ltd., Philadelphia, PA, for Appellant Stacy L. Deane.

Sidney R. Steinberg (Argued), Post & Schell, P.C., Philadelphia, PA, for Appellee Pocono Medical Center.

Lorrie McKinley, McKinley and Vonier, Philadelphia, PA, for PhilaPOSH, PA AFL-CIO, PA Protection and Advocacy, Inc., PA Federation of Injured Workers — Amicus Curiae.

Thomas Earle, Disabilities Law Project, Philadelphia, PA, for PA Protection and Advocacy, Inc. — Amicus Curiae.

C. Gregory Stewart, General Counsel, J. Ray Terry, Jr., Deputy General Counsel, Gwendolyn Young Reams, Associate General Counsel, Lorraine C. Davis, Assistant General Counsel, Robert J. Gregory, Attorney, Equal Employment Opportunity Commission, Washington, DC, for Equal Employment Opportunity Commission—Amicus Curiae.

Before: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE, and RENDELL, Circuit Judges.


Reargued En Banc January 29, 1998.

Argued Jan. 31, 1997.

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

Reargued En Banc Jan. 29, 1998.

Before: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS,** McKEE, and RENDELL, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

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