PRECEDENTIAL UNITED STATES COURT OF APPEAL FOR THE THIRD CIRCUIT Nos. 05-2785/4828… v. Community Trust Company

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.

-- 1 of 2 --

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.

-- 2 of 2 --