Opinions of the United 2007 Decisions States Court of Appeals for the Third Circuit

11-20-2007

In Re: Exxon Mobil Precedential or Non-Precedential: Precedential

Docket No. 05-4571

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Recommended Citation "In Re: Exxon Mobil " (2007). 2007 Decisions. Paper 157. http://digitalcommons.law.villanova.edu/thirdcircuit_2007/157

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 05-4571

IN RE: EXXON MOBIL CORP. SECURITIES LITIGATION

Ohio Public Employees Retirement Fund, State Teachers Retirement Fund of Ohio and Antonio N. Martins,*

Appellants

*Pursuant to Rule 12(a), F.R.A.P.

Appeal from the United States District Court for the District of New Jersey (D.C. Civil Action No. 04-cv-01257) District Judge: Honorable Freda L. Wolfson

Argued January 8, 2007

Before: McKEE, AMBRO, and FISHER, Circuit Judges

(Opinion filed August 27, 2007)

Daniel B. Allanoff, Esquire Meredith, Cohen, Greenfogel & Skirnick 117 South 17th Street, 22nd Floor Philadelphia, PA 19103

Erin K. Flory, Esquire Steve W. Berman, Esquire Hagen, Berman, Sobol & Shapiro 1301 5th Avenue, Suite 2900 Seattle, WA 98101 John C. Murdock, Esquire (Argued) Murdock, Goldenberg, Schneider & Groh 35 East 7th Street, Suite 600 Cincinnati, OH 45202

Counsel for Appellants

James W. Quinn, Esquire Joseph S. Allerhand, Esquire John A. Neuwirth, Esquire Weil, Gotshal & Manges 767 Fifth Avenue, 27th Floor New York, NY 10153

Paul F. Carvelli, Esquire McCusker, Anselmi, Rosen, Carvelli & Walsh 127 Main Street Chatham, NJ 07928

Gregory S. Coleman, Esquire (Argued) Marc S. Tabolsky, Esquire Yetter & Warden, L.L.P. 221 West 6th Street, Suite 750 Austin, TX 78701

Counsel for Appellees

ORDER AMENDING PRECEDENTIAL OPINION

AMBRO, Circuit Judge

IT IS NOW ORDERED that the Precedential Opinion in the above case filed August 27, 2007, be further amended as follows:

On page 18, first full paragraph, lines 8–9, add “No.” between “L.” and “100”; and delete “; Lampf, 501 U.S. at 376.” Thus, the sentence should read:

See, e.g., Insider Trading and Securities Fraud Enforcement Act of 1988,

Stat. 4681.

2 On page 25, first full paragraph, line 4, change “B LACK’S at 1451 (emphasis added)” to “B LACK’S, supra, at 1451 (emphasis added).”

On page 27, second full paragraph, line 6, change “Id. at 364” to “501 U.S. at 364” so that the sentence reads:

501 U.S. at 364 (emphasis added).

By the Court,

/s/ Thomas L. Ambro, Circuit Judge

Dated: November 20, 2007

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