OpenJurist

938 F2d 1265 North American Biologicals Inc v. Illinois Employers Insurance of Wausau

938 F.2d 1265

NORTH AMERICAN BIOLOGICALS, INC., Seattle Plasma Corp.,
Plaintiffs-Appellants,
v.
ILLINOIS EMPLOYERS INSURANCE OF WAUSAU, Defendant-Appellee.

No. 90-5207.

United States Court of Appeals,
Eleventh Circuit.

Aug. 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

1

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

2

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

FRANK A. KAUFMAN, Senior District Judge:

3

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.

4

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.

5

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.

6

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

*

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