Summary
noting upon petition for rehearing that "[t]he Secretary [of HUD] will be obliged to satisfy the judgment only out of non-Treasury funds that are available to him, if any. If no such funds are available, the Secretary will have no payment obligation"
Summary of this case from Ammcon, Inc., v. KempOpinion
Nos. 1016, 1017, Dockets 89-6249, 89-6251.
Argued March 21, 1990.
Decided May 8, 1990. Rehearing Denied August 15, 1990.
Before TIMBERS, NEWMAN and PRATT, Circuit Judges.
The Government's petition for rehearing misapprehends that our decision will oblige the Secretary to satisfy any judgment that might be rendered out of Treasury funds. It will not. The Secretary will be obliged to satisfy the judgment only out of non-Treasury funds that are available to him, if any. If no such funds are available, the Secretary will have no payment obligation.
The petition for rehearing is denied.