United States Court of Appeals
              for the district of columbia circuit
                                
                                


No. 99-7028                                  September Term, 1999

Tri County Industries, Inc.,                 No. 94cv02014       
                                                                 
                    Appellant                                    
                                                                 
          v.

District of Columbia, et al.,

                    Appellees

                                      
     Before: Edwards, Chief Judge; Silberman and Henderson, Circuit Judges.



                            O R D E R


     Upon consideration of appellant Tri County Industries, Inc.'s motion to recall
and modify the mandate issued March 20, 2000, it is

     ORDERED that the motion be granted to the extent provided in the amendment
to the opinion below.  See Dilley v. Alexander, 627 F.2d 407, 410-11 (D.C. Cir.
1980).  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 at a rate of 4% per annum, see D.C. Code  28-3302, beginning
     on April 20, 1998, and computed daily until the date of payment pursuant
     to 28 U.S.C.  1961.  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 on April 21, 2000