71.   The appeals court panel reversed a decision by Judge Sam Sparks of Federal District Court in Austin and sent the case back to him to reconsider damages.

72.   The appeals panel consisted of Patricia Wald, Stephen Williams and David Tatel.

73.   The appeals panel ordered her on Tuesday to do so.

74.   The appeals panel owes the public a prompt written decision explaining its action.

75.   The appeals panel said it believed his contention that he took it for a cold, and allowed him to remain with the team although not to compete.

76.   The appeals panel, which also included Judge Richard J. Cardamone and Judge Guido Calabresi, did not issue an opinion Tuesday.

77.   The appeals panel also expressed doubt about the eventual success of the lawsuit.

78.   The appeals panel found there was a sufficient overlap among the defendants and some figures mentioned in the charter of the Whitewater independent counsel.

79.   The appeals panel was supporting a Superior Court judge who last year ordered a release date for Rosenkrantz, saying he no longer remained a danger to society.

80.   The appeals panel, reviving a discredited constitutional theory known as the non-delegation doctrine, ruled that Congress had improperly delegated its legislative authority to the EPA.