Unpublished Dispositionhoward University Hospital v. Louis W. Sullivan, M.d., Secretary of Health and Humanservices, et al., Appellants, 923 F.2d 201 (D.C. Cir. 1990)

Upon consideration of the motion for summary affirmance, the response thereto and the reply, and the motion to withdraw appeal in part and for an order holding remainder of appeal in abeyance, it is

ORDERED that the motion to withdraw appeal in part be granted. The motion for holding remainder of appeal in abeyance is dismissed as moot because the time period in which the Secretary may file a petition for a writ of certiorari in the U.S. Supreme Court has passed. See 28 U.S.C. § 2101 (1988). It is

FURTHER ORDERED that the motion for summary affirmance be granted as to the issue of the applicable interest rate. See St. Agnes Hospital, et al. v. Sullivan, 905 F.2d 1563 (D.C. Cir. 1990).

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.