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SURRICK v. KILLION

No. 05-2615.

449 F.3d 520 (2006)

Robert B. SURRICK v. Paul J. KILLION, Chief Counsel, Pennsylvania Office of Disciplinary Counsel, in His Official Capacity; Ralph J. Cappy, Chief Justice of the Supreme Court of Pennsylvania, in His Official Capacity; Ronald D. Castille; Russell M. Nigro; Sandra Schultz Newman; Thomas G. Saylor; J. Michael Eakin; Max Baer, Justices of the Supreme Court of Pennsylvania, All in Their Official Capacity Paul J. Killion, Appellant.

United States Court of Appeals, Third Circuit.

June 2, 2006.

Attorney(s) appearing for the Case

A. Taylor Williams, Administrative Office of the Pennsylvania Courts, Philadelphia, PA, for Appellant Paul Killion, et al.

David Rudovsky, Jonathan H. Feinberg, Kairys, Rudovsky, Epstein & Messing, Philadelphia, Pennsylvania, Seth F. Kreimer, Philadelphia, PA, for Appellee Robert Surrick.

Before BARRY, SMITH and ALDISERT, Circuit Judges.

Submitted under Third Circuit LAR 34.1(a) May 9, 2006.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Paul J. Killion, Chief Counsel of the Commonwealth of Pennsylvania's Office of Disciplinary Counsel ("Office of Disciplinary Counsel"), appeals from the United States District Court for the Eastern District of Pennsylvania's order granting summary judgment to Robert Surrick in this declaratory judgment action. The District Court declared that Surrick...

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