USA v. Citgo Asphalt Refining Company, No. 11-2577 (3d Cir. 2013)

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This opinion or order relates to an opinion or order originally issued on May 16, 2013.

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________ No. 11-2576 ________________ IN RE: PETITION OF FRESCATI SHIPPING COMPANY, LTD., AS OWNER OF THE M/T ATHOS I AND TSAKOS SHIPPING & TRADING, S.A., AS MANAGER OF THE ATHOS I FOR EXONERATION FROM OR LIMITATION OF LIABILITY ________________ No. 11-2577 ________________ UNITED STATES OF AMERICA, Appellant v. CITGO ASPHALT REFINING COMPANY; CITGO PETROLEUM CORPORATION; CITGO EAST COAST OIL CORPORATION ________________ Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil Action Nos. 2-05-cv-00305 / 2-08-cv-02898) Trial District Judge: Honorable John P. Fullam District Judge: Honorable Joel H. Slomskyï ª ________________ Argued September 20, 2012 ï ª Judge Slomsky was assigned to this matter following the retirement of Judge Fullam, who presided at trial and ruled on the merits. Before: AMBRO, GREENAWAY, Jr., and O MALLEY,ï ªï ª Circuit Judge (Opinion filed May 16, 2013) ORDER AMENDING PRECEDENTIAL OPINION AMBRO, Circuit Judge IT IS NOW ORDERED that the published Opinion in the above case filed May 16, 2013, be amended as follows: On page 14, in the first full paragraph, fourth line down, replace the words drafting at with the word drawing On page 35, third line down from the top of the page, replace the word drafting with the word drawing On page 35, twelfth line down from the top of the page, replace the word drafting with the word drawing On page 35, footnote 18, line 3, replace the word drafting with the word drawing On page 35, footnote 19, line 6, replace the word draft with the word draw On page 35, footnote 19, line 9, replace the word drafting with the word drawing On page 36, third line down from the top of the page, replace the word drafting with the word drawing On page 37, in the first full paragraph, second line down, replace the word drafting with the word drawing On page 37, in the first full paragraph, sixth line down, replace the word drafting with the word drawing On page 37, footnote 22, first line, replace the word drafting with the word drawing ï ªï ª Honorable Kathleen M. O Malley, United States Court of Appeals for the Federal Circuit, sitting by designation. 2 On page 52, second line down from the top of the page, replace the word drafting with the word drawing On page 53, footnote 32, third line down, replace the word drafting with the word drawing On page 56, second full paragraph, fourth line down, replace the word drafting with the word drawing On page 56, second full paragraph, eighth line down, replace the word drafting with the word drawing It is further ORDERED that the caption of the opinion be amended so that the appellants are properly designated. The caption is amended as follows: IN RE: PETITION OF FRESCATI SHIPPING COMPANY, LTD., AS OWNER OF THE M/T ATHOS I AND TSAKOS SHIPPING & TRADING, S.A., AS MANAGER OF THE ATHOS I FOR EXONERATION FROM OR LIMITATION OF LIABILITY Frescati Shipping Company, Ltd. and Tsakos Shipping and Trading, S.A., Appellants By the Court, /s/ Thomas L. Ambro, Circuit Judge Dated: June 6, 2013 3