ORDER

This court issued an opinion in this case on July 26, 2002. On July 22, 2002, the parties to this action had filed a Joint Notice of Settlement and Motion to Dismiss Appeal. This filing was not presented to the judges until after the release of the opinion.

Upon being notified of the pendency of the parties’ Notice and Motion, the court directed the parties to file memoranda clarifying the basis of their settlement and stating whether the settlement agreement remained subject to any contingency. Those memoranda have been received.

Accordingly, it is ordered that the opinion of this court, issued on July 26, 2002, be withdrawn. The appeal is dismissed. The parties shall bear their own costs in this court.

IT IS SO ORDERED.