Opinions of the United 2002 Decisions States Court of Appeals for the Third Circuit

7-15-2002

Aloe Energy Corp v. Comm Social Security Precedential or Non-Precedential: Non-Precedential

Docket No. 99-3915

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Recommended Citation "Aloe Energy Corp v. Comm Social Security" (2002). 2002 Decisions. Paper 391. http://digitalcommons.law.villanova.edu/thirdcircuit_2002/391

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT __________

NO. 99-3915 __________

ALOE ENERGY CORPORATION, a Pennsylvania Corporation, Appellant v.

JO ANNE BARNHART*, Commissioner of Social Security *(Pursuant to Rule 43(c), F.R.A.P.) __________

On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil No. 98-cv-01371) District Judge: Honorable Donald E. Ziegler __________

Submitted Under Third Circuit LAR 34.1(a) May 26, 2000 and On Remand from the United States Supreme Court by Order of February 25, 2002

Before: ALITO and RENDELL, Circuit Judges, and DUHı, Senior Circuit Judge*

(Filed: July 12, 2002) __________

OPINION OF THE COURT __________ ____________________

*The Honorable John M. Duh, Jr., United States Court of Appeals Judge for the Fifth Circuit, sitting by designation.

RENDELL, Circuit Judge.

Our judgment order affirming the order of the District Court was vacated by the United States Supreme Court and remanded for further consideration in light of Barnhart v. Sigmon Coal Co.,

(2002). See Aloe Energy Corp. v. Barnhart,

(2002). The Supreme Court’s opinion in Barnhart rejects the basis for the District Court’s ruling, and ours as well. We conclude that there is no alternative basis argued by the Commissioner, including the "alter ego" theory, on which we would affirm. Accordingly, we will reverse the District Court’s order and remand to the District Court with instructions to enter judgment in favor of Aloe. ___________________________TO THE CLERK OF COURT: Please file the foregoing opinion.

/s/Marjorie O. Rendell Circuit Judge