Susan C. Steffens and James M. Steffens, Wife and Husband, Plaintiffs, v. American Pharmaceutical Co., Defendant-appellee,andabbott Laboratories; Eli Lilly & Company; Merck, Sharp &dohme, Formerly Sharp & Dohme; E.r. Squibb &sons, Inc.; the Upjohn Co.,defendants-appellants, 89 F.3d 846 (9th Cir. 1996)

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US Court of Appeals for the Ninth Circuit - 89 F.3d 846 (9th Cir. 1996) Argued and Submitted April 10, 1996. Decided April 29, 1996

Before: WRIGHT, PREGERSON and TASHIMA, Circuit Judges.

MEMORANDUM* 

Because the Steffens voluntarily dismissed their claims against American Pharmaceutical Company before the district court granted summary judgment, the plaintiffs no longer had an active case against or controversy with APC. We VACATE the district court's order and REMAND with instructions to dismiss APC based on the Steffens' stipulation.

VACATED and REMANDED with instructions.

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3

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