¶1Jerry D. Anker, Lichtman, Abeles, Anker & Nagle, Washington, D. C., for plaintiff-appellant.
¶2Lawrence Wright, Phoenix, Ariz., for defendants-appellees.
¶3Before CHAMBERS and GOODWIN, Circuit Judges, and CONTI,* District judge.
¶5ORDER OF REMAND.
¶6This case now on rehearing is remanded to the district court with the suggestion that that court vacate the judgment or judgments in the case on proof of performance of the settlement agreement of May 15, 1980. The trial court is authorized to dismiss with prejudice. The parties will bear their own costs.
¶7The court acknowledges that the majority opinion, Graves v. Duganne, 581 F.2d 222 (9th Cir. 1978), was vitiated by the Supreme Court opinion in Carey v. Piphus, 435 U.S. 247, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978).
¶8Any party may move for reconsideration of the foregoing order within 14 days from the date of filing herein.
¶9District Judge for the Northern District of