                                                                                                                           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Precedential or Non-Precedential: Precedential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




Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007

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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                                                                PRECEDENTIAL

                       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.
