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11-20-2007 In Re: Exxon Mobil Precedential or Non-Precedential: Precedential Docket No. 05-4571

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007 Recommended Citation "In Re: Exxon Mobil " (2007). 2007 Decisions. Paper 157. http://digitalcommons.law.villanova.edu/thirdcircuit_2007/157

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PRECEDENTIAL 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 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 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 Fifth Avenue, 27th Floor New York, NY 10153 Paul F. Carvelli, Esquire McCusker, Anselmi, Rosen, Carvelli & Walsh Main Street Chatham, NJ 07928 Gregory S. Coleman, Esquire (Argued) Marc S. Tabolsky, Esquire Yetter & Warden, L.L.P. 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, Pub. L. No. 100-704, 102 Stat. 4681.

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

By the Court,

/s/ Thomas L. Ambro, Circuit Judge Dated: November 20, 2007