PUBLISH

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _________________ No. 99-11396 _________________ ARKWRIGHT MUTUAL INSURANCE CO., Plaintiff-Appellant, versus BANK OF AMERICA, N.A. (SOUTH), f.k.a. NationsBank of Florida, N.A., NATIONSBANK, N.A. (SOUTH), Defendant-Appellee.

____________________ Appeal from the United States District Court for the Southern District of Florida ____________________ (February 6, 2001) Before GODBOLD, COX and MESKILL*, Circuit Judges.

BY THE COURT: The parties’ joint motion to dismiss this appeal with prejudice, due to settlement, with the parties bearing their own costs and attorneys’ fees, is GRANTED.

All remaining pending motions are DENIED AS MOOT.

On its own motion, the Court hereby WITHDRAWS its published opinion in this appeal. See Key Enterprises of Delaware, Inc. v. Venice Hospital, 9 F.3d 893, 894-5 (11th Cir. 1993) (en banc).

__________________________ *Honorable Thomas J. Meskill, U.S. Circuit Judge for the Second Circuit, sitting by designation.