ON MOTION

ORDER

The United States moves without opposition to voluntary dismiss appeal no. 2008-5067 pursuant to Fed. RApp. P. 42(b).

Upon consideration thereof,

IT IS ORDERED THAT:

(1) Appeal no. 2008-5067 is dismissed.

(2) Each side shall bear its own costs in 2008-5067.

(3) Sterling Savings Association, et al.’s brief is due in appeal 2008-5081 on or before July 30, 2008.