Distribuidora Comercial Vicky, S.a., et al., Appellants, v. United States of America, 971 F.2d 765 (D.C. Cir. 1992)

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US Court of Appeals for the District of Columbia Circuit - 971 F.2d 765 (D.C. Cir. 1992) June 9, 1992

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

ORDER

PER CURIAM.


Upon consideration of the court's order to show cause, filed March 6, 1992, the response thereto and the reply, the motion to include diplomatic notes in the record, the opposition thereto, and the motions for leave to submit a second diplomatic note and the oppositions thereto, it is

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

FURTHER ORDERED that the district court's April 30, 1991 orders dismissing these actions be summarily affirmed for the reasons stated in this court's opinion in Industria Panificadora, S.A. v. United States, 957 F.2d 886 (D.C. Cir. 1992) (per curiam), reh'g denied, No. 91-5147 (D.C. Cir. Apr. 15, 1992). The merits of the parties' positions are so clear as to justify summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam); Walker v. Washington, 627 F.2d 541, 545 (D.C. Cir.) (per curiam), cert. denied, 449 U.S. 994 (1980). It is

FURTHER ORDERED that the motions to submit diplomatic notes be dismissed as moot.

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.