From Casetext: Smarter Legal Research

The Post Office v. Portec, Inc.

United States Court of Appeals, Tenth Circuit
Jul 2, 1991
935 F.2d 1105 (10th Cir. 1991)

Opinion

Nos. 88-2836, 89-1034.

May 29, 1991. Order on Reconsideration July 2, 1991.

Before McKAY, ANDERSON, and BALDOCK, Circuit Judges.


ORDER

Pursuant to Fed.R.App.P. 42(b) and the stipulation submitted by the parties, this appeal is dismissed as moot. Our opinion filed August 27, 1990, 913 F.2d 802 (10th Cir.) is vacated and the case is remanded to the district court with instructions to dismiss the complaint. Great Western Sugar Company v. Nelson, 442 U.S. 92, 93-94, 99 S.Ct. 2149, 2149-50, 60 L.Ed.2d 735 (1979); United States v. Munsingwear, Inc., 340 U.S. 36, 39, 71 S.Ct. 104, 1106, 95 L.Ed. 36 (1950).

A certified copy of this order shall stand as and for the mandate of the court.

ORDER [5] Filed July 2, 1991

Pursuant to the parties' Stipulated Motion for Reconsideration, the Order of this court filed May 29, 1991, is hereby withdrawn; and the following order is entered in lieu thereof.

Our opinion filed August 27, 1990, is vacated. By stipulation of the parties, this appeal is dismissed with prejudice, each party to bear their own costs.

A certified copy of this order shall stand as and for the revised mandate of the court.


Summaries of

The Post Office v. Portec, Inc.

United States Court of Appeals, Tenth Circuit
Jul 2, 1991
935 F.2d 1105 (10th Cir. 1991)
Case details for

The Post Office v. Portec, Inc.

Case Details

Full title:THE POST OFFICE, PLAINTIFF-APPELLEE, v. PORTEC, INC., A DELAWARE…

Court:United States Court of Appeals, Tenth Circuit

Date published: Jul 2, 1991

Citations

935 F.2d 1105 (10th Cir. 1991)

Citing Cases

Oklahoma Radio Associates v. F.D.I.C

" Joint Motion at 2-3. The joint memorandum argues that "Vacating the Opinion in this case, and remanding the…

Waid v. Snyder (In re Flint Water Cases)

A case Plaintiffs cite as support, Post Office v. Portec, Inc., more closely involves ethical codes for…