Micro Motion, Incorporated, Plaintiff-appellee, v. Exac Corporation, Defendant, v. Neptune Measurement Company, Appellant, 899 F.2d 1227 (Fed. Cir. 1990)

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US Court of Appeals for the Federal Circuit - 899 F.2d 1227 (Fed. Cir. 1990) Jan. 24, 1990

Before NIES, Circuit Judge, NICHOLS,*  Senior Circuit Judge, and ARCHER, Circuit Judge.


Neptune Measurement Company sought to appeal from an order of the United States District Court for the District of South Carolina, Civil Action No. M-88-2-144, which denied its motion to quash a subpoena issued on behalf of Micro Motion, Inc.

This court has issued today two decisions pertinent to this case, Micro Motion, Inc. v. Kane Steel, Co., Nos. 89-1219, -1220, and Micro Motion, Inc. v. Exac Corp. v. Smith Meter, Inc., No. 89-1099. For the reasons stated in the Smith Meter opinion (copy attached) this case must be dismissed.

In view of the foregoing, IT IS ORDERED THAT:

(1) This appeal, No. 88-1643, shall be dismissed for lack of jurisdiction.

(2) Each party shall bear its own costs.


Senior Judge Nichols participated in the decision of this case but, due to illness, has not reviewed this order