Daniel P. Cotter v. Patricia Roberts Harris, Secretary of Health and Human Services

SUR PETITION FOR REHEARING

Before ADAMS, GARTH and SLOVI-TER, Circuit Judges.

SLOVITER, Circuit Judge.

The petition for rehearing filed by Appellee, Patricia Roberts Harris, Secretary of Health and Human Services, in the above entitled case having been submitted to the judges who participated in the decision of this court and no judge who concurred in the decision having asked for rehearing, the petition for rehearing is denied. 642 F.2d 700.

Judge Garth would grant the petition for rehearing for the reasons expressed in his separate opinion filed at the time of the majority opinion and for the additional reasons expressed in his opinion Sur Denial of Petition for Panel Rehearing.