Congoleum Corporation v.

• Court: Court of Appeals for the Third Circuit
• Decided: June 12, 2025
• Docket: 23-1295
• Status: Unpublished

Opinion

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________

No. 23-1295 _____________

In re: CONGOLEUM CORPORATION, et al., Debtors

BATH IRON WORKS CORPORATION, Appellant

______________

On Appeal from the United States District Court for the District of New Jersey (District Court No. 2:22-cv-00423)

Present: CHAGARES, Chief Judge and MATEY, Circuit Judge

ORDER

The petition for rehearing filed by Appellant, Bath Iron Works Corporation, in the

above-entitled case having been submitted to the judges who participated in the decision

of this Court, it is hereby ORDERED that the petition for rehearing by the panel is

granted. The opinion and judgment entered on August 1, 2024 are hereby vacated.

Judge Fuentes took inactive status on September 12, 2024. Pursuant to 3d Cir.

I.O.P. 12.1, the panel will be reconstituted as follows:

Michael A. Chagares, Chief Judge

Paul B. Matey, Circuit Judge

Cindy K. Chung, Circuit Judge The appeal will be submitted to the reconstituted panel on the appellate record, including

the previously filed briefs and supplemental briefs, as well as the audio recording of the

oral argument held on November 15, 2023, as of the date of this order.

By the Court,

s/ Michael A. Chagares Chief Judge

Dated: June 12, 2025 tmk/cc: all counsel of record