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COOK v. WIKLER

No. 02-1340.

320 F.3d 431 (2003)

Deborah COOK, v. Gerald WIKLER; John Palko, John Palko, Defendant/Third Party Plaintiff, v. Tonkinson, P.O., Badge No. 708, Third Party Defendant Police Officer Tonkinson, Appellant.

United States Court of Appeals, Third Circuit.

Filed February 24, 2003.

Attorney(s) appearing for the Case

City of Philadelphia Law Dept., Nelson A. Diaz, City Solicitor, Elise M. Bruhl (argued), Assistant City Solicitor, Appeals, Philadelphia, PA, for Appellant Police Officer Tonkinson.

Alan L. Yatvin (argued), Popper & Yatvin, Philadelphia, PA, for Appellee John Palko.

Gordon Gelfond, Margolis & Edelstein, Philadelphia, for Gerald Wikler.

William E. Averona, Philadelphia, PA, for Deborah Cook.

Before: ROTH, SMITH and CUDAHY, Circuit Judges.

OPINION OF THE COURT

SMITH, Circuit Judge.

Appellant in this case is a City of Philadelphia police officer who seeks to have this Court reverse an Order of the District Court for the Eastern District of Pennsylvania remanding this case to the state court in which the complaint was originally filed. The appellant, Police Officer Tonkinson, is a third-party defendant brought into this action through a "Joinder Complaint" filed in state court by one of the...

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