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

3-7-2007

Secretary Labor v. Comm Trust Co Precedential or Non-Precedential: Precedential

Docket No. 05-2785

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Recommended Citation "Secretary Labor v. Comm Trust Co" (2007). 2007 Decisions. Paper 1394. http://digitalcommons.law.villanova.edu/thirdcircuit_2007/1394

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UNITED STATES COURT OF APPEAL FOR THE THIRD CIRCUIT

Nos. 05-2785/4828

ELAINE L. CHAO, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR

v.

COMMUNITY TRUST COMPANY,

Appellant.

___________________

On Appeal from the United States District Court for the Eastern District of Pennsylvania District Court No. 05-mc-00018 District Judge: Hon. Mary A. McLaughlin ____________________

Argued on March 9, 2006

Before: ALDISERT, and ROTH*, Circuit Judges RODRIGUEZ**, District Judge

(Opinion filed January 19, 2007)

ORDER AMENDING OPINION

_________________

*Judge Roth assumed senior status on May 31, 2006.

**The Honorable Joseph H. Rodriguez, Senior United States District Judge for the District of New Jersey, sitting by designation. ROTH, Circuit Judge:

IT IS ORDERED that the published Opinion in the above case filed January 19,

2007, be amended as follows:

On page 22, L.19, delete the following: “Koresko, however, did not consider

Shaw vis-à-vis the GLBA because the subjects of the subpoena in that case were not

financial institutions. For that reason, Koresko and Penn-Mott were not able to invoke

the GLBA as a defense. Therefore, Koresko is distinguishable on this point.” and

replace with the following: “ Koresko, however, did not consider Shaw vis-à-vis the

GLBA. Therefore, Koresko is distinguishable.

By the Court,

/s/ Jane R. Roth Circuit Judge

Dated: March 7, 2007

lwc/cc: Lowell R. Gates, Esq. Albert N. Peterlin, Esq. Ellen L. Beard, Esq. Robyn Swanson, Esq.