People for Ethical Treatment of Animals v. Bobby Berosini Ltd.

*617OPINION ON REHEARING

On April 14, 1995, this court granted rehearing in the above matter on the basis that an appearance of impropriety might exist with regard to one of the members of the panel which issued our prior opinion, dated January 27, 1994. In granting rehearing the court entered its order that, on rehearing, this matter would be submitted on the record, the pleadings, and the tape recording of the oral argument conducted by the court on April 21, 1992. It was further ordered that District Judge Jack Lehman would be disqualified and that Justice Miriam Shearing would participate on…