In Re Powertex, Inc. et al., Petitioner.powertex, Inc., Victor T. Podd and Sea-land Service, Inc.,plaintiffs-appellants, v. Insta-bulk, Inc., Defendant-appellee, 9 F.3d 977 (Fed. Cir. 1993)
Annotate this CaseDISMISSED.
ON PETITION FOR WRIT OF MANDAMUS
ON MOTION
RICH, Circuit Judge.
ORDER
Insta-Bulk, Inc. moves to dismiss Powertex, Inc. et al.'s appeal no. 93-1329 as interlocutory and moves for sanctions. Powertex moves to voluntarily dismiss its appeal and opposes the motion for sanctions. Powertex petitions for a writ of mandamus in misc. no. 379.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) Powertex's motion to voluntarily dismiss its appeal is granted.
(2) Insta-Bulk's motion to dismiss for lack of jurisdiction is moot.
(3) Insta-Bulk's motion for sanctions is denied.
(4) Insta-Bulk is directed to respond to Powertex's mandamus petition within 10 days.
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