Summary
criticizing the majority for undertaking a "quantum expansion" of the doctrine
Summary of this case from Rogers v. SwepstonOpinion
No. 00-35660.
June 18, 2002.
Before SCHROEDER, Chief Judge, NOONAN, O'SCANNLAIN, TROTT, Rymer, KLEINFELD, HAWKINS, TASHIMA, FISHER, TALLMAN, and RAWLINSON, Circuit Judges.
ORDER
Pursuant to the parties' stipulation, the appeal is DISMISSED with each party to bear its own costs. The panel opinion is VACATED.