James C. Lucore, Ii, Plaintiff/cross-appellant, v. Douglas L. Gosnell, Jr. and Timothy Ralph Bowen, Defendants-appellees, 935 F.2d 279 (Fed. Cir. 1991)

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US Court of Appeals for the Federal Circuit - 935 F.2d 279 (Fed. Cir. 1991) April 17, 1991


RICH, Circuit Judge.

Douglas L. Gosnell, Jr. and Timothy Ralph Bowen move to voluntarily dismiss their appeal no. 91-1184.*  James C. Lucore, II opposes the motion and moves for sanctions. Gosnell and Bowen oppose the motion for sanctions.

In almost every instance, a motion for voluntarily dismissal of one's appeal is granted. Here, Lucore does not present any reason why Gosnell's and Bowen's appeal should not be dismissed. Lucore's allegations of irregular conduct appear to go to conduct before the district court. Hence, this is not the proper forum to present those allegations.

Upon consideration thereof,


(1) The motion to voluntarily dismiss appeal no. 91-1184 is granted.

(2) Lucore's motion for sanctions is denied.


Apparently, Lucore's cross-appeal no. 91-1185 remains