Filed: February 17, 1998

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-1223

STEPHEN A. ARMSTRONG,

Appellant,

and

INTER-WORLD DEVELOPMENT CORPORATION; INTERNATIONAL INVESTIGATIONS, INCORPORATED; RICHARD L. BAST,

Plaintiffs, versus

JEANNE GOLDBERG; J. FREDERICK SINCLAIR; THOMAS J. CURCIO; ANTONIA LEIGH PETTIT; JACOBOVITZ, ENGLISH & SMITH, P.C.; BARBARA OZELLA REVES; WILLIAM G. BILLINGHAM; PATRICIA GRIEST; JOHN F. DAVIS; MARY AUDREY LARKIN; LOIS AMES; ANTHONY JOSEPH PETTIT, Defendants - Appellees,

and

VICTOR MICHAEL GLASBERG; COHEN, DUNN & SINCLAIR, P.C.; CARTER & KRAMER, P.C.; CHARLES WARREN KRAMER; DAVID SMITH; CLAUDE DAVID CONVISSER; NANCY GERTNER; JODY L. NEWMAN; DELMAR D. HARTLEY; MADDONA LEA SCHAMP PETTIT, removed to Bankruptcy Court for the Eastern District of Virginia; ANNE CONNELL; WILLIAM C. HILLMAN; ROGER A. COX,

Defendants. O R D E R

On November 18, 1997, we filed our opinion in this case in which we recited that relief was sought from an order entered

December 6, 1995, among other orders. Further reference to the

record shows that our said opinion should have referred to an order

entered December 5, 1995 rather than December 6, 1995.

To that order entered December 5, 1995, Armstrong, on December

19, 1995, filed his motion under Fed. R. Civ. P. 59(e) to alter or

amend the judgment of the said order of the district court entered

December 5, 1995. The district court never acted on the said motion of Armstrong

filed December 19, 1995, although the same was timely filed.

Through error, we dismissed the appeal in this case from the said

order of December 5, 1995, although the said motion of Armstrong filed under Fed. R. Civ. P. 59(e) had never been acted on.

Armstrong has filed his petition for rehearing to our said

decision of November 18, 1997, and so far as our opinion denies

relief by way of appeal from the said order of December 5, 1995,

the petition for rehearing is well taken.

It is accordingly ADJUDGED and ORDERED that so far as our said

decision of November 18, 1997 denies relief from the said order of

the district court entered December 5, 1995, our decision shall be, and it hereby is, vacated. It is further ADJUDGED and ORDERED that the case shall be, and

it hereby is, remanded to the district court to take further action

in the case consistent with this order.

With the concurrences of Judge Luttig and Judge Butzner.

/s/ H. E. Widener, Jr.

For the Court