Opinions of the United 2003 Decisions States Court of Appeals for the Third Circuit

4-8-2003

Otto v. PA State Ed Assoc Precedential or Non-Precedential: Non-Precedential

Docket 01-3858

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Recommended Citation "Otto v. PA State Ed Assoc" (2003). 2003 Decisions. Paper 660. http://digitalcommons.law.villanova.edu/thirdcircuit_2003/660

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Filed April 8, 2003

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 01-3858

MARSHA OTTO; F. NAYLOR EMORY; DENNIS A. ERB; ROBERT K. GILBERT; JAMES W. LOSSELL; BARBARA J. MCALLEY; WESLEY S. SEMPLE, On behalf of themselves and all other non-members similarly situated v. PENNSYLVANIA STATE EDUCATION ASSOCIATION; NATIONAL EDUCATION ASSOCIATION; SHALER AREA EDUCATION ASSOCIATION, On behalf of themselves and all other local associations similarly situated Appellants

No. 01-4110

MARSHA OTTO; F. NAYLOR EMORY; DENNIS A. ERB; ROBERT K. GILBERT; JAMES W. LOSSELL; BARBARA J. MCALLEY; WESLEY S. SEMPLE, On behalf of themselves and all other non-members similarly situated, Appellants v. PENNSYLVANIA STATE EDUCATION ASSOCIATION; NATIONAL EDUCATION ASSOCIATION; SHALER AREA EDUCATION ASSOCIATION, On behalf of themselves and all other local associations similarly situated 2

Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Civil Action No. 96-cv-01233) District Judge: Honorable Yvette Kane

Argued June 27, 2002 Before: AMBRO and STAPLETON, Circuit Judges, and O’NEILL,* District Judge

(Opinion filed April 3, 2003) Milton L. Chappell, Esquire (Argued) W. James Young National Right to Work Legal Defense Foundation 8001 Braddock Road, Suite 600 Springfield, VA 22160 Attorneys for Appellants/Cross- Appellees John M. West, Esquire (Argued) Laurence Gold Bredhoff & Kaiser 805 Fifteenth Street, N.W., Suite 1000 Washington, D.C. 20005 Mark P. Widoff, Esquire Pennsylvania State Education Association 400 North Third Street P.O. Box 1724 Harrisburg, PA 17105 Attorneys for Appellees/Cross- Appellants

* Honorable Thomas N. O’Neill, Jr., United States District Judge for the Eastern District of Pennsylvania, sitting by designation. 3

ORDER AMENDING SLIP OPINION

AMBRO, Circuit Judge: It is now ordered that the published Opinion in the above case filed April 3, 2003, be amended as follows: On page 12, on the second and third lines of the carryover paragraph, delete “— testing merely to be aware of the need for material modifications to financial disclosures —”. On page 12, in the first full paragraph, after the word “accountant’s” and before the word “procedures”, insert “audit”. In the following sentence (beginning “We do note, however, . . .”), insert the phrase “within the audit context” at the end of the sentence. By the Court, /s/ Thomas L. Ambro Circuit Judge Dated: April 8, 2003

A True Copy: Teste:

Clerk of the United States Court of Appeals for the Third Circuit