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BLACKHAWK v. PENNSYLVANIA

No. 02-3947, 02-4158.

381 F.3d 202 (2004)

Dennis L. BLACKHAWK v. Commonwealth of PENNSYLVANIA; Pennsylvania Game Commission; Vernon Ross, Director; Thomas R. Littwin, Law Enf. Director; Frederick Merluzzi, Enf. Officer; Barry Hambley; David E. Overcash, in their individual and official capacities Vernon Ross Thomas Littwin David E. Overcash, Appellants, Dennis L. Blackhawk, Appellant, v. Commonwealth of Pennsylvania; Pennsylvania Game Commission; Vernon Ross, Director; Thomas R. Littwin, Law Enf. Director; Frederick Merluzzi, Enf. Officer; Barry Hambley; David E. Overcash, in their individual and official capacities.

United States Court of Appeals, Third Circuit.

Filed August 20, 2004.

Attorney(s) appearing for the Case

D. Michael Fisher, Howard G. Hopkirk (Argued), Calvin R. Koons, John G. Knorr, III, Office of Attorney General, Appellate Litigation Section, Harrisburg, PA, for Appellants/Cross-Appellees.

Gary S. Gildin (Argued), Carlisle, Thomas B. Schmidt, III, Pepper Hamilton LLP, Harrisburg, PA, for Appellee/Cross-Appellant.

Before ALITO and FUENTES, Circuit Judges, and SURRICK, District Judge.

ALITO, Circuit Judge.

This is an appeal by officials of the Pennsylvania Game Commission from an order permanently enjoining them from enforcing a permit fee provision of the state Game and Wildlife Code against Dennis Blackhawk on the ground that the Commission's current waiver policy violates his right to the free exercise of religion. Blackhawk in turn cross-appeals the District Court's holding that the Game Commission officials are not personally liable for violating...

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