Third Circuit disposition — 043073pa-pdf

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-3073
IN RE: SCHERING-PLOUGH CORPORATION ERISA LITIGATION,
JINGDONG ZHU, on behalf of himself and all other similarly situated; ADRIAN
FIELDS, on behalf of himself and all others similarly situated,
Appellants
________________
Present: SCIRICA, Chief Judge, SLOVITER, ALITO,
McKEE, RENDELL, BARRY, AMBRO, FUENTES,
SMITH, FISHER, STAPLETON*, and ALARCON* Circuit Judges
________________
SUR PETITION FOR PANEL REHEARING
WITH AMENDING ORDER
The petition for panel rehearing filed by Appellee in the above entitled case
having been submitted to the judges who participated in the decision of this Court, the
petition is granted for the limited purpose to add a footnote to the Court’s precedential
opinion. As such, the Court’s opinion, filed August 19, 2005, is hereby amended as
follows:
On page 22, insert a footnote at the end of the paragraph immediately after
“presented in this matter.” as follows (and renumber the footnotes that follow
accordingly):
*The Honorable Walter K. Stapleton, Senior Judge, and the Honorable Arthur L.
Alarcón, Senior Judge, United States Court of Appeals for the Ninth Circuit, sitting by
designation are both limited to panel rehearing only.

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2
We find our Meonech decision inapposite because the5
fiduciaries here were “simply permitted to make . . .
investments” in “employer securities.” 62 F.3d at 571. In so
concluding, we express no opinion on the significance, if any,
of 29 U.S.C. § 1104(a)(2) in the context of this case.
By the Court,
/s/ Thomas L. Ambro, Circuit Judge
Dated: September 15, 2005

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