Albest Metal Stamping Corporation, Plaintiff-appellant, v. Oshkosh B'gosh, Inc. and Mississippi Trading & Plastics,inc., Defendants/cross-appellants, 106 F.3d 424 (Fed. Cir. 1996)

ON MOTION

ORDER

Albest Metal Stamping Corporation and Oshkosh B'Gosh, Inc. et al. jointly move to voluntarily dismiss their appeals and to remand the case to the United States District Court for the Southern District of New York.

Briefly, Albest and Oshkosh contend that because they have entered into a settlement agreement, these appeals are moot and should be dismissed. Additionally, they move for a remand to allow the district court to consider a motion to vacate the judgment in accordance with U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 115 S. Ct. 386, 393 (1994).

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The motion for remand is granted. The case is remanded to the United States District Court for the Southern District of New York with instructions to consider the request of the parties to vacate the final judgment.

(2) Appeal Nos. 96-1464 and 96-1482 are dismissed.

(3) Each side shall bear its own costs.