UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 94-5090 ___________ UNITED STATES OF AMERICA SHARON TAXMAN, Plaintiff-Intervenor vs. BOARD OF EDUCATION OF THE TOWNSHIP OF PISCATAWAY, Appellant ___________ No. 94-5112 ___________ SHARON TAXMAN, Appellant v. BOARD OF EDUCATION OF THE TOWNSHIP OF PISCATAWAY ___________ ___________ Appeal from the United States District Court for the District of New Jersey (D.C. Civil No. 92-cv-00340) ___________ Argued November 29, 1995 Before: SLOVITER,* Chief Judge, MANSMANN and MCKEE, Circuit Judges. ___________ Reargued In Banc May 14, 1996 Before: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE and SAROKIN,** Circuit Judges. (Filed August 8, 1996) * The Honorable William D. Hutchinson was a member of the original panel which heard argument in this appeal on January 24, 1995. He died on October 8, 1995, before the appeal was resolved; Chief Judge Sloviter was designated to serve in his place on the reconstituted panel. ** Judge Sarokin heard argument but retired from office prior to the issuance of the opinion. ----------------- ORDER AMENDING SLIP OPINION ------------------ In accordance with the order of the Court entered August 20, 1996, it is hereby O R D E R E D that the slip opinion filed in the above-entitled appeals on August 8, 1996 be amended to delete the reference in the caption to the United States as a party to appeal No. 94-5090. The caption of the opinion is therefore amended to read: ___________ No. 94-5090 ___________ SHARON TAXMAN, Plaintiff-Intervenor vs. BOARD OF EDUCATION OF THE TOWNSHIP OF PISCATAWAY, Appellant ___________ No. 94-5112 ___________ SHARON TAXMAN, Appellant v. BOARD OF EDUCATION OF THE TOWNSHIP OF PISCATAWAY FOR THE COURT: /s/ P. Douglas Sisk Clerk DATED: August 21, 1996