Unpublished Dispositioneric P. Rotondo, Plaintiff-appellant v. Federal Bureau of Investigation, Defendant-appellee, 791 F.2d 935 (6th Cir. 1986)

ORDER

BEFORE: MARTIN and GUY, Circuit Judges; REED, District Judge.^* 

This case has been referred to a panel of the Court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the appellee's motion to vacate, appellant's response, appellant's brief and the record; this panel agrees unanimously that oral argument is not needed. Rule 34(a), Federal Rules of Appellate Procedure.

It appears that attached to the appellee's motion for summary judgment in the district court was a declaration of a Special Agent. Appellee states on appeal that the declaration contained a mistaken statement of fact which allegedly formed an essential basis for the decision granting the appellee's motion for summary judgment.

It is ORDERED that the judgment of the district court be vacated and the case remanded for further proceedings. Rule 9(d) (4), Rules of the Sixth Circuit Costs on appeal to be awarded to appellant.