Robert P. Gatewood, et al. v. United States Cellular Corporation, et al., Appellants, 946 F.2d 1564 (D.C. Cir. 1991)

Upon consideration of the response to the court's order to show cause filed January 22, 1991, it is

ORDERED that the order to show cause be discharged. It is

FURTHER ORDERED that the appeal be dismissed for lack of appellate jurisdiction. A notice of appeal is null if filed while a timely motion under Fed. R. Civ. P. 59(e) is pending before the district court. See Fed. R. App. P. 4(a) (4); Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 60-61 (1983); Bestran Corp. v. Eagle Comtronics, Inc., 720 F.2d 1019 (9th Cir. 1983); Alley v. Dodge Hotel, 551 F.2d 442, 445 (D.C. Cir.), cert. denied, 431 U.S. 958 (1977).

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.