Admart AG v. Stephen & Mary Birch ( 2006 )

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Decisions States Court of Appeals for the Third Circuit 9-28-2006 Admart AG v. Stephen & Mary Birch Precedential or Non-Precedential: Precedential Docket No. 04-4014 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006 Recommended Citation "Admart AG v. Stephen & Mary Birch" (2006). 2006 Decisions. Paper 386. http://digitalcommons.law.villanova.edu/thirdcircuit_2006/386 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2006 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT 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 2