UNITED STATES COURT OF APPEALSFOR THE THIRD CIRCUIT No. 08-4340 PHILIP J. BERG, ESQUIRE,Appellantv.BARACK HUSSEIN OBAMA, a/k/a BARRY SOETORO, a/k/aBARRY OBAMA, a/k/a BARACK DUNHAM, a/k/aBARRY DUNHAM; THE DEMOCRATIC NATIONAL COMMITTEE;THE FEDERAL ELECTION COMMISSION; THE SECRETARY OF THECOMMONWEALTH, PENNSYLVANIA DEPARTMENT OF STATE;PEDRO A. CORTÉS, Secretary of the Commonwealth in his officialcapacity; DIANNE FEINSTEIN, Chairman of the U.S. Senate, Commissionon Rules and Administration in her official capacity; U.S. SENATE,COMMISSION ON RULES AND ADMINISTRATION;and DOES 1-50 INCLUSIVE On Appeal from the United States District Courtfor the Eastern District of Pennsylvania(D.C. Civil No. 2-08-cv-04083)District Judge: Hon. R. Barclay Surrick Before: SLOVITER, FUENTES and HARDIMAN, Circuit Judges JUDGMENTThis cause came on to be considered on the record from the United States DistrictCourt for the Eastern District of Pennsylvania and was submitted under Third CircuitLAR 34.1(a) on October 26, 2009.

Case: 08-4340 Document: 00319899579 Page: 1 Date Filed: 11/12/2009

On consideration whereof, it is now hereby ORDERED and ADJUDGED that the judgment of the District Court entered October 27, 2008, be and the same is herebyaffirmed. Costs taxed against Appellant. All of the above in accordance with the opinionof this Court.Attest:Marcia M. WaldronDATED: November 12, 2009 Clerk

Case: 08-4340 Document: 00319899579 Page: 2 Date Filed: 11/12/2009

OFFICE OF THE CLERK

MARCIA M. WALDRON

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November 12, 2009Philip J. Berg, Esq.Suite 12555 Andorra Glen CourtLaFayette HillPA19444-2531(Kevin DeeleyEsq.(Thomasenia DuncanEsq.(Steve N. HajjarEsq.(David KolkerEsq.Federal Election Commission999 E Street, N.W.WashingtonDC20463John P. Lavelle Jr.Esq.Morgan, Lewis & Bockius1701 Market StreetPhiladelphiaPA19103-0000 RE: Philip Berg v. Barack ObamaCase Number: 08-4340District Case Number: 2-08-cv-04083ENTRY OF JUDGMENTToday,

November 12, 2009

the Court has entered its judgment in the above-captioned matter pursuant to Fed. R. App. P. 36.If you wish to seek review of the Court's decision, you may file a petition for rehearing. The procedures for filing a petition for rehearing are set forth in Fed. R. App. P. 35 and 40, 3rd Cir.LAR 35 and 40, and summarized below. Time for Filing:14 days after entry of judgment.45 days after entry of judgment in a civil case if the United States is a party.Page Limits:15 pages

Case: 08-4340 Document: 00319899581 Page: 1 Date Filed: 11/12/2009