Lever Brothers Company, v. United States of America, et al., Appellants.lever Brothers Company, v. United States of America, et al., Appellants, 966 F.2d 702 (D.C. Cir. 1992)

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US Court of Appeals for the District of Columbia Circuit - 966 F.2d 702 (D.C. Cir. 1992)

May 27, 1992


Before HARRY T. EDWARDS and STEPHEN F. WILLIAMS, Circuit Judges.

ORDER

PER CURIAM.


Upon consideration of the motion for a stay pending appeal, the opposition thereto, the reply, and the amici curiae briefs; the unopposed motion for expedited appeal; the response to the court's order to show cause filed May 7, 1992; and the motion to consolidate, it is

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

FURTHER ORDERED that the appeal in No. 92-5160 be dismissed for lack of jurisdiction. See Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 61 (1982). The Clerk is directed to issue a certified copy of this order in lieu of formal mandate in No. 92-5160. It is

FURTHER ORDERED that the motion for stay and the motion for expedited appeal be deemed filed in appellants' new appeal, No. 92-5185. The Clerk is directed to place a copy of these motions in No. 92-5185. It is

FURTHER ORDERED that the motion for stay and the motion for expedition be denied. Appellants have not demonstrated the requisite likelihood of success on the merits to warrant either a stay or expedition. See Washington Metropolitan Area Transit Commission v. Holiday Tours, Inc., 559 F.2d 841 (D.C. Cir. 1977); D.C.Circuit Handbook of Practice and Internal Procedures 38, 40 (1987). It is

FURTHER ORDERED that the motion to consolidate be dismissed as moot.