                      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




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