Lafferty v. St. Riel, No. 05-5357 (3rd Cir. 7/17/2007)

• Court: U.S. Court of Appeals — Third Circuit
• Writing for the Court: Ambro
• Decision Date: 17 July 2007
• Docket Number: No. 05-5357.,05-5357.
• Citation: Lafferty v. St. Riel, No. 05-5357 (3rd Cir. 7/17/2007), No. 05-5357. (3rd Cir. Jul 17, 2007)
• Parties: DEBRA A. LAFFERTY; RANDOLPH C. LAFFERTY, HER HUSBAND, Appellants v. GITO ST. RIEL; ACHENBACH'S PASTRIES, INC.; JOHN DOE; MARY DOE; ABC PARTNERSHIPS; DEF CORPORATIONS; XYZ CORPORATIONS, JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE.

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DEBRA A. LAFFERTY; RANDOLPH C. LAFFERTY, HER HUSBAND, Appellants v. GITO ST. RIEL; ACHENBACH'S PASTRIES, INC.; JOHN DOE; MARY DOE; ABC PARTNERSHIPS; DEF CORPORATIONS; XYZ CORPORATIONS, JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE.

No. 05-5357.

United States Court of Appeals, Third Circuit.

Submitted Under Third Circuit Lar 34.1(a) January 9, 2007.

Opinion filed July 17, 2007.

November 23, 2007.

Appeal from the United States District Court for the Eastern District of Pennsylvania; (D.C. Civil Action No. 05-cv-04094) Chief District Judge: Honorable Harvey Bartle, III.

Daniel J. Cahill, Esquire, Youngblood, Corcoran, Lafferty & Hyberg, 1201 New Road, Suite 230, Cornerstone Commerce Center, Linwood, NY 08221, Counsel for Appellants.

Lloyd G. Parry, Esquire, Davis, Parry & Tyler, 1525 Locust Street, 14th Floor, Philadelphia, PA 19102, Counsel for Appellees.

Before: McKEE, AMBRO and FISHER, Circuit Judges

ORDER AMENDING PRECEDENTIAL OPINION

AMBRO, Circuit Judge

It is now ordered that the published Opinion in the above case filed July 13, 2007, and first amended on July 17, 2007, be further amended as follows:

On page 3, remove the comma between "improper" and "transferor"

On page 4, footnote 1, insert a comma between "and" and "as the District Court"

On page 10, change "Moore's Fed." to "Moore's Federal"

On page 11, change "Moore's Fed." to "Moore's Federal"

On page 17, insert a comma after the second "that" in the following sentence beginning "Relevant to the question before us," so that the sentence reads:

Relevant to the question before us today is that Shushan acknowledged that, were the § 1406(a) transfer permissible, the plaintiff would not have "los[t] its day in court by reason of the running of the statute of limitations in another forum."

On page 22, insert a comma between "§ 3827" and "at 581" so the citation reads as follows:

(citing Moore's Federal Practice, supra, §§ 111.02, 111.38; Wright,...