Opinions of the United 2002 Decisions States Court of Appeals for the Third Circuit 11-19-2002 Cybergenics Corp v. Chinery Precedential or Non-Precedential: Precedential Docket No. 01-3805 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2002 Recommended Citation "Cybergenics Corp v. Chinery" (2002). 2002 Decisions. Paper 752. http://digitalcommons.law.villanova.edu/thirdcircuit_2002/752 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2002 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. PRECEDENTIAL Filed November 18, 2002 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 01-3805 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF CYBERGENICS CORPORATION, ON BEHALF OF CYBERGENICS CORPORATION, DEBTOR IN POSSESSION, Appellant v. *KATHLEEN CHINERY, Executrix of the Estate of Scott Chinery; L&S RESEARCH CORPORATION; LINCOLNSHIRE MANAGEMENT, INC.; LINCOLNSHIRE EQUITY FUND, L.P. (*Amended per order dated 11/19/01) (Amended per order dated 3/21/02) On Appeal from the United States District Court for the District of New Jersey District Court Judge: The Honorable Garrett E. Brown, Jr. (D.C. Civil No. 98-CV-03109) Argued on July 15, 2002 Before: SCIRICA, ALITO, and FUENTES, Circuit Judges (Opinion Filed: September 20, 2002) Present: BECKER, Chief Judge, SLOVITER, SCIRICA, ALITO, ROTH, McKEE, RENDELL, BARRY, AMBRO, FUENTES, and SMITH, Circuit Judges. O R D E R A majority of the active judges, who are not recused, having voted for rehearing en banc in the above appeal, it is ORDERED that the Clerk of this Court vacate the opinion and judgment filed September 20, 2002, and list the above for rehearing en banc at the convenience of the Court. Judges Alito and Fuentes would allow the panel opinion to stand pending en banc review. BY THE COURT: /s/ Edward R. Becker Chief Judge DATED: November 18, 2002 A True Copy: Teste: Clerk of the United States Court of Appeals for the Third Circuit 2