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Admart AG v. Stephen and Mary Birch Foundation

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


September 28, 2006

ADMART AG; HELLER WERKSTATT GESMBH; ANDRE HELLER; STEFAN SEIGNER, APPELLEES
v.
STEPHEN AND MARY BIRCH FOUNDATION, INC., APPELLANTS

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE (D.C. Civ. No. 95-cv-00410 ) District Judge: Honorable Sue L. Robinson.

The opinion of the court was delivered by: Weis United States Circuit Judge

Argued September 29, 2005

Before: RENDELL, FUENTES and WEIS, Circuit Judges.

ORDER SUR PETITION FOR PANEL REHEARING

The Petition for Panel Rehearing in this case is granted.

We hereby vacate the Judgment entered on August 8, 2006.

This Court's Opinion of August 8, 2006 at pages 22-23 is amended to read as follows:

"We will modify the District Court's Order of October 6, 2004 as follows:

'1. The Stephen and Mary Birch Foundation is required to pay plaintiffs $3,841,045.19, plus the interest that sum has earned between May 31, 2004 and the date the money is paid to plaintiffs. In addition, Birch will pay storage charges from May 31, 2004 to the date of transfer.'"

Footnote 5 of the Opinion, on page 23, is amended to read as follows: "The District Court ordered Birch to pay $5,562,818.19. We revise that figure to account for the $1 million hold back. As of May 31, 2004, $721,773 of interest had accumulated on the hold back amount. We subtracted the hold back plus interest from the amount set out in the District Court's Order."

20060928

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