Opinions of the United 2006 Decisions States Court of Appeals for the Third Circuit

9-28-2006

Admart AG v. Stephen & Mary Birch Precedential or Non-Precedential: Precedential

Docket No. 04-4014

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Recommended Citation "Admart AG v. Stephen & Mary Birch" (2006). 2006 Decisions. Paper 386. http://digitalcommons.law.villanova.edu/thirdcircuit_2006/386

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No. 04-4014

ADMART AG; HELLER WERKSTATT GESMBH; ANDRE HELLER; STEFAN SEIGNER, Appellees vs.

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 ____________

Argued September 29, 2005 Before: RENDELL, FUENTES and WEIS, Circuit Judges. (Filed: September 28, 2006) ____________

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 ‘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.”

By the Court,

s/Weis United States Circuit Judge

DATED: September 28, 2006

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