UNITED STATES COURT OF APPEALS FOR THE D.C. CIRCUIT


TRI CTY INDUST INC

v.

DC


99-7028b

D.C. Cir. 2000


*	*	*


O R D E R


Upon consideration of appellant Tri County Industries, Inc.'s motion to
recall and modify the mandate issued March 20, 2000, it is


ORDERED that the motion be granted to the extent provided in the
amendment to the opinion below. See Dilley v. Alexander, 627 F.2d 407,
410-11 (D.C. Cir. 1980). 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 at a rate of 4% per annum, see D.C. Code  28-3302,
beginning on April 20, 1998, and computed daily until the date of
payment pursuant to 28 U.S.C.  1961. 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 on April 21,
2000