Chamberlain Group, Inc. v. Interlogix, Inc.

U.S. Courts of Appeals

Decided August 28, 2003

U.S. Courts of Appeals · decided 2003-08-28

Decided 2003-08-28

¶1ORDER

PROST, Circuit Judge.

¶2Upon consideration of the unopposed motion of The Chamberlain Group, Inc. to dismiss and remand this appeal, due to settlement,

¶3IT IS ORDERED THAT:

¶4(1) The motion to remand is granted. The case is remanded for the purpose of allowing the district court to consider the parties’ motion to vacate its judgment.

¶5(2) The motion to dismiss is denied.*

¶6(3) Each side shall bear its own costs.

¶7The court cannot both dismiss and vacate an appeal, as those are mutually exclusive acts.