Tri Cty Indust Inc v. DC, et al, No. 99-7028 (D.C. Cir. 2000)

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This opinion or order relates to an opinion or order originally issued on January 18, 2000.

United States Court of Appeals for the district of columbia circuit

No. 99-7028 September Term, 1999

Tri County Industries, Inc., No. 94cv02014 Appellant v.

District of Columbia, et al.,

Appellees

Before: Edwards, Chief Judge; Silberman and Henderson, Circuit Judges.

O R D E R

Upon consideration of appellant Tri County Industries, Inc.'s petition for panel rehearing on the issue of the applicable post-judgment interest rate and appellee District of Columbia's response thereto, it is

ORDERED that the petition be granted. See Rule 40(a)(4), Federal Rules of Appellate Procedure. It is

FURTHER ORDERED that the opinion in Tri County Industries, Inc. v. District of Columbia, 200 F.3d 836 (D.C. Cir. 2000), be amended by vacating the final paragraph and inserting the following therefor:

For the foregoing reasons, we reverse the district court's order of July 23, 1998 and reinstate the original jury verdict of $5,000,000, with interest pursuant to 28 U.S.C.  1961. The interest shall be calculated at a rate of 5.391% per annum, beginning on April 20, 1998, and computed daily until the date of payment. See 28 U.S.C.A.  1961 (West 1994 & Supp. 2000). We vacate the verdict and judgment resulting from the second trial.

FURTHER ORDERED that the clerk is directed to withhold re-issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 41.

Per curiam FOR THE COURT: Mark J. Langer, Clerk

Filed June 1, 2000