Marsh-Mcbirney, Inc. v. Montedoro-Whitney Corp., 939 F.2d 969 (Fed. Cir. 1991). · Go Syfert
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Marsh-Mcbirney, Inc. v. Montedoro-Whitney Corp., 939 F.2d 969 (Fed. Cir. 1991). Cases Citing This Book View Copy Cite
2 citation events across 2 distinct courts.
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." Carl Zeiss Stiftung v. Renishaw Plc, Renishaw Plc v. Carl Zeiss Stiftung and Carl Zeiss, Inc.
Fed. Cir. · 1991 · signal: see also · confidence low
See also Marsh-McBirney, Inc. v. Montedoro-Whitney Corp., 882 F.2d 498, 504 , 11 USPQ2d 1794, 1798 (Fed.Cir.1989), vacated on other grounds, — U.S. -, 111 S.Ct. 775 , 112 L.Ed.2d 838 (1991), and reinstated in part, 939 F.2d 969 (Fed.Cir.1991).
Retrieving the full opinion text from the archive…
MARSH-McBIRNEY, INC., Plaintiff-Appellee,
v.
MONTEDORO-WHITNEY CORPORATION, Defendant-Appellant
88-1318, 88-1344, 88-1421, 88-1450 and 88-1598.
Court of Appeals for the Federal Circuit.
Jul 3, 1991.
939 F.2d 969
J. Alan Galbraith, Williams & Connolly, Washington, D.C., for plaintiff-appellee., Thomas J. Scott, Howrey & Simon, Washington, D.C., for defendant-appellant. With him on the brief was, Joseph V. Colai-anni.
Mayer, Michel, Friedman.
Cited by 2 opinions  |  Published

ORDER

MAYER, Circuit Judge.

Appellant Montedoro-Whitney Corporation and appellee Marsh-McBirney, Inc. have jointly moved the court for an order dismissing appeal numbers 88-1318 and 88-1344, reinstating our judgment of August 7, 1989 and reissuing the September 20, 1989 mandate, and vacating paragraph (4) of our March 7, 1991 order taxing Supreme Court costs against Marsh-McBirney. See Fed.R.Civ.P. 42(b). The motion recites that the liquidating agent for Mon-tedoro-Whitney has decided that further litigation is not in the best interest of the estate and that, on May 30, 1991, he obtained the approval of the United States Bankruptcy Court for the Central District of California to move this court to terminate the litigation.

We agree that dismissal of appeals 88-1318 and 88-1344 moots reconsideration of our original judgment, Marsh-McBirney, Inc. v. Montedoro-Whitney, Corp., 882 F.2d 498 (Fed.Cir.1989), ordered by the Supreme Court, 498 U.S. -, 111 S.Ct. 775, 112 L.Ed.2d 838 (1991), in light of FirsTier Mortgage Co. v. Investors Mortgage Ins. Co., 498 U.S. -, 111 S.Ct. 648, 112 L.Ed.2d 743 (1991). We also agree that our disposition of Marsh-McBirney’s cross-appeal, No. 88-1450, as well as appeal Nos. 88-1421 and 88-1598, was unaffected by the Court’s order and that efficiency would best be served by reinstating our judgment in its entirety and the accompanying opinion to the extent noted below.

Accordingly, it is ORDERED that

[*970] 1. Appeal Nos. 88-1318 and 88-1344 are DISMISSED.

2. Our judgment of August 7, 1989 is REINSTATED and the mandate of September 20, 1989 will be REISSUED.

3. Our accompanying opinion, reported at 882 F.2d 498, is REINSTATED except for discussion part A.

It is FURTHER ORDERED that

1. Paragraph (4) of our March 7, 1991 order is VACATED.

2. No additional costs shall be taxed.