Opinion
2012-1056
06-05-2012
UNITED STATES, Plaintiff-Appellee, v. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, ALSO KNOWN AS AMERICAN NATIONAL FIRE INSURANCE COMPANY, Defendant-Appellant, AND WASHINGTON INTERNATIONAL INSURANCE COMPANY, Defendant.
NOTE: This order is nonprecedential.
Appeal from the United States Court of International Trade in case no. 09-CV-0187, Senior Judge Richard W. Goldberg.
ON MOTION
ORDER
Great American Insurance Company of New York (Great American Insurance) moves to withdraw its appeal without prejudice to its right to file another appeal should either the United States or Washington International Insurance Company file a subsequent notice of appeal. The United States submits a letter requesting the court withdraw its order entered on May 22, 2012.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The court's May 22, 2012 order is withdrawn as moot.
(2) The motion to withdraw the appeal is granted. Appeal 2012-1056 is dismissed.
It is not the court's usual practice to designate a dismissal as being with or without prejudice.
(3) Each party shall bear its own costs.
FOR THE COURT
______________________
Jan Horbaly
Clerk
cc: Theodore R. Posner, Esq.
Amy M. Rubin, Esq.
ISSUED AS A MANDATE: ______________________