North Am. Biologicals v. Ill. Employers Ins

Full title: NORTH AMERICAN BIOLOGICALS, INC., SEATTLE PLASMA CORP.…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Aug 15, 1991

938 F.2d 1265 (11th Cir. 1991)

Opinion

No. 90-5207.

August 15, 1991.

Lowell L. Garrett, Morris C. Brown, Miami, Fla., for plaintiffs-appellants.

William M. Douberley, Miami, Fla., for defendant-appellee.

Appeal from the United States District Court for the Southern District of Florida; James W. Kehoe, Judge.

ON PETITION FOR REHEARING (Opinion May 20, 1991, 11th Cir., 1991, 931 F.2d 839.)

Before TJOFLAT, Chief Judge, CLARK, Circuit Judge, and KAUFMAN^_, Senior District Judge.

_ Honorable Frank A. Kaufman, Senior United States District Judge for the District of Maryland, sitting by designation.

FRANK A. KAUFMAN, Senior District Judge:

In the opinion filed in this case on May 20, 1991, the total amount of $273,294.00 is used. That is the same amount set forth in the district court findings of fact and conclusions of law filed January 9, 1990.

Prior to the entry by the district court of those findings on January 9, 1990, the parties entered into a document entitled "Joint Stipulation" filed April 26, 1989. In that document, in paragraph 20, they agreed upon the amount of $255,294.00. Neither party saw fit to correct the use by the district court of an amount totaling $273,294.00, before this court filed its opinion on May 20, 1991.

Under the circumstances, this court amends that said opinion so as to require that, on remand, the district court enter judgment for appellants in the amount of $255,294.00, rather than in the amount of $273,294.00.

The second contention contained in the rehearing petition has been considered and the same is hereby denied.