Nestle Refrigerated Food Co., Plaintiff/appellee, v. the United States, Defendant/appellant, 64 F.3d 674 (Fed. Cir. 1995)

Lynn S. Baker, Kattin Muchin & Zavis, Chicago, IL, for plaintiff-appellee.

Mikki Graves Walser, Dept. of Justice, Civ. Div., Commercial Litigation Br., International Trade Field Office, New York City, for defendant-appellant.

CIT,

DISMISSED.

ORDER

Upon reading and filing defendant-appellant's consent motion to dismiss this appeal without prejudice to reinstatement and to remand this action to the United States Court of International Trade; upon consideration of other papers and proceedings herein; and upon due deliberation, it is hereby

ORDERED that Appeal No. 94-1165 is dismissed without prejudice to reinstatement; and it is further

ORDERED that this action is remanded to the United States Court of International Trade, to enable it to enter a Stipulated Judgment on Agreed Statement of Facts, which will be submitted by the parties to the Court of International Trade; and it is further

ORDERED that each party will bear their own costs, fees and expenses.