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Thus, the parties’ waiver directed that it was to become
effective on the entry of decision, which was May 2, 1995. The
30-day period began on that date.3
5. Apr. 25, 1995.
Petitioners ask us to give full effect to respondent’s
concession that interest should be abated for April 25, 1995. We
explained in Goettee I (at note 15) that we do not “give effect
to that 1 day because the record clearly and indisputably shows
that on that day Winkler moved the process along. Indeed, the
parties have so stipulated.” We shall not now revisit this
issue.
Accordingly, petitioners’ amended motion for reconsideration
will be denied.
To take account of the foregoing,
An appropriate order
will be issued.
3 We agree with petitioners that respondent cannot simply
place decision documents to the side and file them with the Court
when respondent sees fit. In Goettee I, respondent conceded that
“an abatement of interest, for the period from February 25, 1995
through April 25, 1995, should be allowed to petitioners in the
unusual circumstances of this case.” Moreover, we concluded that
interest should be abated for the period from Jan. 25 through
Feb. 24, 1995 (i.e., up until the period of respondent’s
concession). Accordingly, any injustice that might have resulted
from the stipulation was ameliorated by respondent’s concession
and our conclusion. We explained in Goettee I our reasons for
not ordering abatement for the remaining days during this period
(Jan. 13 through May 31, 1995).
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