U.S. Court of Appeals for the Tenth Circuit, 1992

Russell v. Turnbaugh

Russell v. Turnbaugh
U.S. Court of Appeals for the Tenth Circuit · Decided February 25, 1992
957 F.2d 796; 1992 U.S. App. LEXIS 2683 (Federal Reporter, Second Series)

Russell v. Turnbaugh

Opinion

957 F.2d 796

William Carroll RUSSELL, Jr., an individual, doing business
as Weekly Register-Call, Plaintiff-Appellant,
v.
Kay TURNBAUGH and Ruth Ann Andere, individuals; KLT
Communications, Inc., a Colorado corporation, also
known as KLT Communications, Inc.,
Defendants-Appellees.

No. 91-1121.

United States Court of Appeals,
Tenth Circuit.

Feb. 25, 1992.

(D.C. No. 90-F-272) (D. Colorado), Sherman G. Finesilver--J.

Before SEYMOUR, MOORE and BALDOCK, Circuit Judges.

ORDER

PER CURIAM.

1

Pursuant to Rule 42(b), Fed.R.App.P., and the stipulation submitted by the parties, this appeal is dismissed as moot. The case is remanded to the district court with instructions to vacate its judgment and dismiss the complaint. United States v. Munsingwear, Inc., 340 U.S. 36, 39-40 (1950); Beattie v. United States, 949 F.2d 1092, 1095 (10th Cir. 1991); Tosco Corp. v. Hodel, 826 F.2d 948 (10th Cir. 1987).

2

Each party shall bear its own costs and the mandate shall issue forthwith.

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