Unpublished Dispositionbillie Hillen, Administratrix of the Estate of Joseph E.hillen, Jr., Deceased, Plaintiff-appellant, v. Johns-manville Corporation, et al., Defendant-appelleejohn Frakes, Trustee, 880 F.2d 414 (6th Cir. 1989)

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US Court of Appeals for the Sixth Circuit - 880 F.2d 414 (6th Cir. 1989) July 27, 1989

Before MERRITT and DAVID A. NELSON, Circuit Judges, and BAILEY BROWN, Senior Circuit Judge.


This appeal has been held in abeyance pending resolution of the defendant's bankruptcy proceedings. The plaintiff now states a settlement has been reached which moots the appeal. She moves to dismiss the appeal and remand the action to the district court for entry of a consent judgment and for distribution of the settlement proceeds. The plaintiff indicates the defendant has concurred.

It is ORDERED this appeal is dismissed and the action is remanded to the district court for the necessary proceedings to effectuate the settlement under the Michigan Wrongful Death Act.