Lifecare Intl. v. CD Medical, Inc.

United States Court of Appeals,

Eleventh Circuit.

No. 94-4595.

LIFECARE INTERNATIONAL, INCORPORATED, a California corporation,
Plaintiff-Appellee,

v.

CD MEDICAL, INC., a Delaware corporation, C.D. Medical, B.V., a
Dutch corporation, Defendants-Appellants.

May 31, 1996.

Appeal from the United States District Court for the Southern
District of Florida (No. 90-283-CIV-FAM), Federico A. Moreno,
Judge.

Prior report: 11th Cir., 68 F.3d 429.

Before EDMONDSON, Circuit Judge, HILL, Senior Circuit Judge, and
MILLS*, District Judge.

BY THE COURT:

The motion to recall the mandate filed by Movant Craig Edward

Stein is GRANTED.

We modify and supplement our opinion in this case with this

observation:

The statements by the Court in discussing the issues raised in
this appeal concerning alleged bias on the part of Mr. Stein
are based upon the record created by the parties to this case.
As a nonparty, Mr. Stein was not entitled to present evidence
or otherwise to respond to the allegations. Thus, the
statements in the opinion should not be interpreted to
represent conclusions of the Court about the actual conduct of
Mr. Stein.

*
Honorable Richard Mills, U.S. District Judge for the
Central District of Illinois, sitting by designation.