Opinion
No. 2009-1039.
December 17, 2008.
Appeal from the United States District Court for the District of Rhode Island in case no. 05-CV-229, Judge William E. Smith.
Thomas J. Leach III," Merchant Gould P.C., Minneapolis, MN, for Plaintiff-Appellee.
David K.S. Cornwell, Sterne, Kessler, Goldstein Fox, Washington, DC, for Defendant-Appellant.
ON MOTION ORDER
Upon consideration of the appellant's unopposed motion to reinstate this appeal, which was dismissed for failure to pay the docketing fee, the docketing fee now having been paid,
IT IS ORDERED THAT:
The motion is granted. The mandate is recalled, the November 25, 2008, 318 Fed. Appx. 899, dismissal order is vacated, and the appeal is reinstated.