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EASTWOOD AUTO BODY & GARAGE v. CITY OF WATERBURY

Docket 97-9278.

157 F.3d 137 (1998)

EASTWOOD AUTO BODY AND GARAGE, INC., doing business as Eastwood Towing, James Messer, and Lucille Messer, Plaintiffs-Appellants, v. CITY OF WATERBURY, Edward D. Bergin, Jr., Mayor, Individual and official capacity as Mayor of the City of Waterbury, Francis Sullivan, Individual and official capacity as Administrative Aide to the Mayor of the City of Waterbury, Edward F. Bergin, Individual and official capacity as Superintendent of Police of the City of Waterbury, Richard J. White, Individual and official capacity as Deputy Superintendent of Police for the City of Waterbury, John 1-10 Does, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 25, 1998.

Attorney(s) appearing for the Case

Michael P. McGovern, Ayres & Parkey, Knoxville, TN, for Plaintiffs-Appellants.

Cheryl E. Hricko, Corporation Counsel's Office, City of Waterbury, Waterbury, CT, for Defendants-Appellees.

Before: WINTER, Chief Judge, and KEARSE, WALKER, JACOBS, LEVAL, CALABRESI, CABRANES, PARKER, STRAUB, POOLER, and SACK, Circuit Judges.

PER CURIAM:

Plaintiffs-appellants Eastwood Auto Body and Garage, Inc., et al., seek in banc review of the decision by a panel of this Court to deny appellants' motion for additional time to file a petition for rehearing with suggestion for rehearing in banc. Upon motion, this Court may "for good cause shown ... enlarge the time prescribed" to file a petition for rehearing or modify an erroneous decision even though the time for rehearing has expired...

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