Inzer Advance Designs, Inc., Plaintiff-appellant, v. International Powerlifting Federation and Robert Packer,defendants-appellees, 992 F.2d 1219 (9th Cir. 1993)
Annotate this CaseBefore GOODWIN, HUG and FLETCHER, Circuit Judges.
ORDER
The appeal in the above entitled action is dismissed because it appears to the court upon examining the District Court file that the District Court has never had in personam jurisdiction of the defendant. Accordingly, the Stipulated Dismissal of Appeal Pursuant To Settlement Agreement is rejected because it appears to be based upon a purported agreement which would allow the parties to reinstate the appeal at any time within four years. An agreement that in effect would require this court to monitor the performance of a contract for four years is unacceptable to the court under any circumstances, and is particularly inappropriate when the court has no jurisdiction.
Each party shall bear its own costs, attorneys' fees and expenses.
The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed. R. App. P. 34(a); Ninth Circuit Rule 34-4
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