Opinion
2012-1372
06-20-2012
CLOVERLEAF GOLF COURSE, INC., Plaintiff-Appellant, v. FMC CORPORATION, Defendant-Appellee, and UNITED STATES, Intervenor-Appellee.
NOTE: This order is nonprecedential.
Appeal from 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.
The government objects to the caption, requesting it be listed as an intervenor.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion to withdraw the appeal is granted. Appeal 2012-1372 is dismissed.
(2) The government's objection is granted. The revised official caption is reflected above.
(3) Each party shall bear its own costs.
It is not the court's usual practice to designate a dismissal as being with or without prejudice.
FOR THE COURT
______________
Jan Horbaly
Clerk
cc: Paul A. Lesko, Esq.
Francis DiGiovanni, Esq.
Adam C. Jed, Esq.
s25