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


TRI CTY INDUST INC

v.

DC


99-7028d

D.C. Cir. 2000


*	*	*


O R D E R


Upon consideration of appellant Tri County Industries, Inc.'s petition
for panel rehearing on the issue of the applicable post-judgment
interest rate and appellee District of Columbia's response thereto, it


ORDERED that the petition be granted. See Rule 40(a)(4), Federal Rules
of Appellate Procedure. 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 pursuant to 28 U.S.C.  1961. The interest shall be
calculated at a rate of 5.391% per annum, beginning on April 20, 1998,
and computed daily until the date of payment. See 28 U.S.C.  1961
(West 1994 & Supp. 2000). 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 June 1, 2000