Kenneth Mann v. Palmerton Area School District, No. 16-2821 (3d Cir. 2017)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on September 21, 2017.
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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 16-2821 _____________ KENNETH MANN, as parents and co plenary guardians of the estate of SHELDON MANN, an incapacitated person, and in their own right; ROSE MANN, as parents and co plenary guardians of the estate of SHELDON MANN, an incapacitated person, and in their own right, Appellants v. PALMERTON AREA SCHOOL DISTRICT; CHRISTOPHER WALKOWIAK, individually and in his official capacity as a football coach _______ On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Civil No. 3-14-cv-00068) District Judge: Hon. A. Richard Caputo ______________ Argued April 27, 2017 ______________ Before: MCKEE, VANASKIE, and RENDELL, Circuit Judges Howard J. Bashman, Esq. [Argued] Law Offices of Howard J. Bashman 2300 Computer Avenue Suite G-22 Willow Grove, PA 19090 Larry E. Bendesky, Esq. Adam J. Pantano, Esq. Robert W. Zimmerman, Esq. Saltz Mongeluzzi Barrett & Bendesky 1650 Market Street One Liberty Place, 52nd Floor Philadelphia, PA 19103 Counsel for Appellant Kenneth Mann and Rose Mann Thomas A. Specht, Esq. [Argued] Robin B. Snyder, Esq. Marshall Dennehey Warner Coleman & Goggin P.O. Box 3118 Scranton, PA 18505 Counsel for Appellees Palmerton Area School District and Christopher Walkowiak ___________ ORDER AMENDING OPINION ___________ VANASKIE, Circuit Judge. IT IS NOW ORDERED that the above-captioned opinion be amended as follows: 1. On page 5 of the Court’s Opinion, the word “observed” shall be deleted and replaced with the name “observe.” 2. On page 11 of the Court’s Opinion, the phrase “to infer that that Walkowiak was aware” shall be deleted and replaced with “to infer that Walkowiak was aware.” 3. On page 16 of the Court’s Opinion, the phrase “that that requiring a student-athlete” shall be deleted and replaced with “that requiring a student-athlete…” This amendment does not change the date of filing (September 20, 2017). s/ Thomas I. Vanaskie Circuit Judge DATED: September 22, 2017
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