Marsha Otto v. Pennsylvania State Education Association

PRECEDENTIAL
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

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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.
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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
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