The opinion
United States Court of Appeals
F OR T HE D ISTRICT OF C OLUMBIA C IRCUIT
____________
No. 09-1270 September Term 2010
AGRI-PACA-APP06-0008
Filed On: March 2, 2011
Cheryl A. Taylor and Steven C. Finberg,
Petitioners
v.
United States Department of Agriculture and
United States of America,
Respondents
BEFORE: Brown*, Circuit Judges; Edwards and Randolph, Senior Circuit
Judges
ORDER
Upon consideration of respondents’ petition for rehearing, it is
ORDERED, that the petition be granted as to the qualification of the factual
statements on page 7 of the opinion and denied as to the references to Quinn v. Butz, 510
F.2d 743 (D.C. Cir. 1975). It is
FURTHER ORDERED that the opinion of the court issued on January 7, 2011, be
amended as follows:
Page 7, ¶ 1, Lines 12-14: Delete “And the board, not company officers or
managers, made all decisions governing the company’s bills, capital expenditures, and
personnel. Id. at 146-49, 1 J.A. 96-99. . . . ” and insert in lieu thereof “And there is
evidence that the board, not company officers or managers, made all decisions governing
the company’s bills, capital expenditures, and personnel. Id. at 146-49, 1 J.A. 96-99.”
Page 7, ¶ 2, Lines 1-4: Delete “And even though they carried “officer” titles at Fresh
America, neither Taylor not Finberg had any measurable power or authority in board
deliberations. . . .” and insert in lieu thereof “And even though they carried “officer” titles at
Fresh America, there is evidence that neither Taylor nor Finberg had any measurable
power or authority in board deliberations. (Emphasis added.)”
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Jennifer M. Clark
Deputy Clerk
* Circuit Judge Brown did not participate in this matter.