PUBLISH


                IN THE UNITED STATES COURT OF APPEALS

                         FOR THE ELEVENTH CIRCUIT

                                _________________

                                   No. 99-11396
                                _________________

ARKWRIGHT MUTUAL INSURANCE CO.,

                                                            Plaintiff-Appellant,

      versus

BANK OF AMERICA, N.A. (SOUTH),
f.k.a. NationsBank of Florida, N.A.,
NATIONSBANK, N.A. (SOUTH),

                                                            Defendant-Appellee.


                              ____________________

                    Appeal from the United States District Court
                        for the Southern District of Florida
                              ____________________
                                (February 6, 2001)

Before GODBOLD, COX and MESKILL*, Circuit Judges.

BY THE COURT:

      The parties’ joint motion to dismiss this appeal with prejudice, due to

settlement, with the parties bearing their own costs and attorneys’ fees, is
GRANTED.

       All remaining pending motions are DENIED AS MOOT.

       On its own motion, the Court hereby WITHDRAWS its published opinion in

this appeal. See Key Enterprises of Delaware, Inc. v. Venice Hospital, 

,

894-5 (11th Cir. 1993) (en banc).




__________________________
*Honorable Thomas J. Meskill, U.S. Circuit Judge for the Second Circuit, sitting by designation.