Aloe Energy Corp v. Comm Social Security
This text of Aloe Energy Corp v. Comm Social Security (Aloe Energy Corp v. Comm Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinions of the United 2002 Decisions States Court of Appeals for the Third Circuit
7-15-2002
Aloe Energy Corp v. Comm Social Security Precedential or Non-Precedential: Non-Precedential
Docket No. 99-3915
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Recommended Citation "Aloe Energy Corp v. Comm Social Security" (2002). 2002 Decisions. Paper 391. http://digitalcommons.law.villanova.edu/thirdcircuit_2002/391
This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2002 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT __________
NO. 99-3915 __________
ALOE ENERGY CORPORATION, a Pennsylvania Corporation, Appellant v.
JO ANNE BARNHART*, Commissioner of Social Security *(Pursuant to Rule 43(c), F.R.A.P.) __________
On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil No. 98-cv-01371) District Judge: Honorable Donald E. Ziegler __________
Submitted Under Third Circuit LAR 34.1(a) May 26, 2000 and On Remand from the United States Supreme Court by Order of February 25, 2002
Before: ALITO and RENDELL, Circuit Judges, and DUHı, Senior Circuit Judge*
(Filed: July 12, 2002) __________
OPINION OF THE COURT __________ ____________________
*The Honorable John M. Duh, Jr., United States Court of Appeals Judge for the Fifth Circuit, sitting by designation.
RENDELL, Circuit Judge.
Our judgment order affirming the order of the District Court was vacated by the United States Supreme Court and remanded for further consideration in light of Barnhart v. Sigmon Coal Co., 534 U.S. 438 (2002). See Aloe Energy Corp. v. Barnhart, 122 S. Ct. 1170 (2002). The Supreme Court’s opinion in Barnhart rejects the basis for the District Court’s ruling, and ours as well. We conclude that there is no alternative basis argued by the Commissioner, including the "alter ego" theory, on which we would affirm. Accordingly, we will reverse the District Court’s order and remand to the District Court with instructions to enter judgment in favor of Aloe. ___________________________TO THE CLERK OF COURT: Please file the foregoing opinion.
/s/Marjorie O. Rendell Circuit Judge
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