United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
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Filed On: March 7, 2003
No. 00–7157
MCKESSON HBOC, INC., ET AL.,
APPELLEES
v.
ISLAMIC REPUBLIC OF IRAN,
APPELLANT
FINANCIAL ORGANIZATION FOR THE EXPANSION OF OWNERSHIP
OF PRODUCTIVE UNITS, ET AL.,
APPELLEES
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Consolidated with
No. 00–7263
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BEFORE: EDWARDS, ROGERS, and TATEL, Circuit Judges.
ORDER
Upon consideration of appellant’s motion to recall the man-
date, the responses thereto, the replies, and the notice of
recent development, it is
ORDERED that the mandate issued on March 13, 2002, be
recalled and the Clerk of the District Court is directed to
return the mandate forthwith. It is
FURTHER ORDERED that the portion of the court’s
opinion issued November 16, 2001, addressing whether the
Treaty of Amity between the United States and Iran provides
a private cause of action to a United States national against
2
Iran in a United States court, be vacated. On remand, the
district court is to reexamine that issue in light of the
representation of the United States that it does not interpret
the Treaty of Amity to create such a cause of action. See
Brief for the Overseas Private Investment Corp. in Opposi-
tion to Certiorari, Islamic Republic of Iran v. McKesson
HBOC, Inc., et al., at 11–18, Nos. 01–1521 and 01–1708 (2002).
The Clerk is directed to issue an amended judgment and
the mandate forthwith.
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY:
Deputy Clerk