NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit WELD RACING, LLC, Plain.tiff-Appellant, V. ULTRA WHEEL COMPANY, INC., Defendcmt-Appellee.

2011-1493 __ Appeal from the United States District Court for the Western District of Missouri in case no. 09-CV-0391, Judge Gary A. Fenner.

ON MOTION R D E R ` The parties jointly move to dismiss this appeal Upon consideration thereof IT IS ORDERED THATZ (1) The motion to dismiss 2011-1493 is granted The appeal is dismissed. (2) Each side shall bear its own costs WELD RACING V. ULTR.A WHEEL FoR THE CoURT ncr 3 1 /s/ Jan Horba15; Date J an Horba1y CIerk cc: J ames J. Kernel1, Esq.

Brian K. Brookey, Esq. s21 Issued As A Mandate: 3 1 Fl B.S. COU mzdr‘§Bé’r§A r-jig 2-'€° §§ LS FOR U|T 0CT.31 2011 JAN HDRBALY C|.ERK