UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 08-3878 ___________ JOSEPH ELASSAAD, Appellant v. INDEPENDENCE AIR, INC.; DELTA AIR LINES, INC., _________________________ Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil No. 05-cv-02328) District Judge: Honorable Edmund V. Ludwig __________________________ Present: MCKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, VANASKIE, Circuit Judges, and AMBROSE, District Judge.* ___________________________________________ SUR PETITION FOR REHEARING WITH SUGGESTION FOR REHEARING IN BANC ____________________________________________ *The Honorable Donetta W. Ambrose, Judge of the United States District Court for the Western District of Pennsylvania, sitting by designation.  Upon consideration of the Petition of Appellee, Independence Air, Inc., for Rehearing En Banc or Panel Rehearing, it is hereby ORDERED that the said petition is GRANTED to the extent it seeks panel rehearing, and the precedential opinion of this Court filed on May 12, 2010 is hereby VACATED. Petitioner has urged that our opinion in this case failed to acknowledge its argument regarding conflict preemption. The panel’s Amended Opinion, filed contemporaneously herewith, includes a discussion of this issue and vacates the order of the District Court. BY THE COURT: /s/ Marjorie O. Rendell ___________________________________ Circuit Judge Dated: July 6, 2010 crg/cc: All counsel of record 2