Court of Appeals for the Third Circuit September 6, 1984, No. 84-5016 (Dreibelbis v. Marks)

GIBBONS, Circuit Judge,

dissenting:

As the opinion of the court notes, the case is before us for the second time. In Dreibelbis v. Marks, 675 F.2d 579 (3d Cir. 1982), we reversed a Fed.R.Civ.P. 12(b)(6) dismissal, holding that the complaint stated a cause of action for violation of the free exercise clause of the first amendment.