Opinion
Nos. 05-35627, 05-35640, 05-36153, 05-36202.
September 3, 2008.
Michael T. Garone, Thomas M. Triplett, Esquire, Schwabe, Williamson Wyatt, Portland, OR, Laurence E. Thorp, Esquire, Thorp, Purdy, Jewett, Urness Wilkinson, P.C., Springfield, OR, for Plaintiff-Appellant.
David Marx, Jr., Esquire, McDermott Will Emery LLP, Chicago, IL, Melvin Laurence Popofsky, Esquire, Senior Counsel, Heller Ehrman, LLP, San Francisco, CA, for Defendant-Appellee.
D.C. No. CV-02-06032-ALH, CV-02-06032-HA, District of Oregon, Portland.
Before: GOULD, PAEZ, and RAWLINSON, Circuit Judges.
ORDER VACATING PRIOR ORDER CERTIFYING QUESTION TO THE SUPREME COURT OF OREGON, AND FOR ISSUANCE OF MANDATE
On August 25, 2008, this Court was advised that the parties have resolved the dispute that gave rise to this appeal. In light of this resolution, the motion to vacate certification and for mandate is GRANTED. Our prior Order Certifying Question To The Supreme Court Of Oregon is hereby VACATED. The question certified to the Oregon Supreme Court shall be withdrawn and our clerk of court shall transmit a copy of this order to the Oregon Supreme Court with advice that we withdraw our certified question which is now moot in light of the parties' resolution of the appeal. Also, the clerk of our court is instructed to issue the mandate in this case.