First National Bank in Dallas, Plaintiff-appellee, v. Don Adams Mining Company, Inc., Terrance L. Dolan, Thomas J.clear, Jr., Don R. Adams and Joe Fino,defendants-appellants, 844 F.2d 1445 (10th Cir. 1988)

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US Court of Appeals for the Tenth Circuit - 844 F.2d 1445 (10th Cir. 1988) May 13, 1988

Before McKAY, MOORE and TACHA, Circuit Judges.

Pursuant to Fed. R. App. P. 42(b) and the stipulation of the parties, this appeal is dismissed. Our opinion, published at 840 F.2d 766, is withdrawn and our judgment is vacated.

The matter is remanded to the district court with instructions to vacate the judgment appealed. United States v. Munsingwear, Inc., 340 U.S. 36, 71 S. Ct. 104, 95 L. Ed. 36 (1950).