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CHAO v. COMMUNITY TRUST CO.

Nos. 05-2785, 05-4828.

474 F.3d 75 (2007)

Elaine L. CHAO, Secretary of Labor, United States Department of Labor v. COMMUNITY TRUST COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed January 19, 2007.

Attorney(s) appearing for the Case

Howard M. Radzely, Esquire, Solicitor of Labor, Timothy D. Hauser, Esquire, Associate Solicitor for Plan Benefits Security, Robyn M. Swanson, Esquire (Argued), Elizabeth Hopkins, Esquire, Counsel for Appellate and Special Litigation, Karen L. Handorf, Esquire, Counsel for Appellate and Special Litigation, United States Department of Labor, Office of the Solicitor, Ellen L. Beard, Esquire, Senior Appellate Attorney, Washington, DC, for Appellee.

Lowell R. Gates, Esquire (Argued), Albert N. Peterlin, Esquire, Matthew J. Eshelman, Esquire, Gates, Halbruner & Hatch, P.C., Lemoyne, PA, for Appellant.

Before ALDISERT, and ROTH, Circuit Judges, RODRIGUEZ, District Judge.

ROTH, Circuit Judge.

This appeal presents the question of when a district court may enforce a government agency's subpoena duces tecum against a financial institution in light of two statutes which protect private consumer financial information, the Right to Financial Privacy Act (RFPA), 12 U.S.C. § 3401, et seq. and the Gramm-Leach-Bliley Act (GLBA), 15 U.S.C. § 6801 et seq.

I. Factual and Jurisdictional Background

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