Filed July 30, 1999

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT

No. 98-7416

EDWARD R. COSS, JR.,
       Appellant

v.

LACKAWANNA COUNTY DISTRICT ATTORNEY;
THE ATTORNEY GENERAL OF THE
COMMONWEALTH OF PENNSYLVANIA
(D.C. Civil No. 94-cv-1481)

Present: BECKER, Chief Judge, SLOVITER, MANSMANN,
GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH,
McKEE, RENDELL, ALDISERT and STAPLETON,
Circuit Judges.

O R D E R

A majority of the active judges having voted for rehearing
en banc in the above appeal, it is ORDERED that the Clerk
of this Court vacate the opinion filed June 28, 1999 and list
the above for rehearing en banc at the convenience of the
Court.

       BY THE COURT:

 
       CHIEF JUDGE   

DATED: July 30, 1999




A True Copy:
Teste:

       Clerk of the United States Court of Appeals
       for the Third Circuit

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