Cloverleaf Golf Course, Inc. v. Fmc Corp. ( 2012 )

NOTE: This order is nonprecedential United States Court of Appeals for the Federal Circuit CLOVERLEAF GOLF COURSE, INC., Plaintrlff-Appellant, V. FMC CORPORATION, Defendant-Appellee, AND UNITED STATES, Intervenor-Appellee, * 2012-1372 Appeal &om the United States District Court for the Southern District of Illinois in case no. 11-CV-0190, Chief Judge David R. Herndon. ON MOTION ORDER Cloverleaf Golf Course, Inc. moves to withdraw its appeal in view of this court’s decision in Rogers v. Tristar, 2011-1494, -1495, and pursuant to an agreement amongst the parties. CLOVERLEA.F GOLF COURSE, INC. V. FMC CORPORATION 2 The government objects to the caption, requesting it be listed as an intervenor. Upon consideration thereof, IT lS ORDERED THATZ (1) The motion to withdraw the appeal is granted. Appeal 2012-1372 is dismissed.' (2) The government’s objection is granted.' The re- vised official caption is reflected aboVe. (3) Each party shall bear its own costs FoR THE CoURT JUN 2012 /s/ Jan Horbaly Date J an Horbaly Clerk cc: Paul A. Lesko, Esq. ‘ Francis DiGiovanni, Esq. Adam C. Jed, Esq. s25 ISSUED As A MANDATE; JUN 2 0 2012 LED CUUHRF APPEALS FUH u‘s.'ll'IE FEDERAL G|RCUIT JUN 20 ZUT£ JANEIURBALY C|.Ell( is It is not the court's usual practice to designate a dismissal as being with or without prejudice.