FILED

United States Court of Appeals

Tenth Circuit

October 16, 2008

UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker

Clerk of Court

TENTH CIRCUIT HAKIM ABID; ALLISON ABID,

Plaintiff - Appellees,

v. No. 07-1235

(D. Ct. No. 06-cv-02528-JLK-BNB) QFA ROYALTIES LLC, (D. Colo.)

Defendant - Appellant.

ORDER Before TACHA, HARTZ, and DeGIUSTI,* Circuit Judges.

This matter is before the court on the defendant-appellant’s motion to dismiss its appeal regarding the preliminary injunction entered by the district court. This court agrees with the defendant that the appeal is now moot. Therefore, the appeal is DISMISSED, and this matter is REMANDED to the district court for determination of

*

Honorable Timothy D. DeGiusti, District Judge for the Western District of Oklahoma, sitting by designation. whether the injunction should be vacated. A copy of this order shall stand as the mandate of this court.

ENTERED FOR THE COURT,

Deanell Reece Tacha

Circuit Judge

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