Opinion
No. 83-1952.
Argued March 5, 1984.
Decided July 13, 1984.
James L. Mann, II, Columbia, S.C. (Mann Rickborn, Columbia, S.C., James M. Shoemaker, Jr., Frank S. Holleman, III, Wyche, Burgess, Freeman Parham, Greenville, S.C., on brief), for appellants,
Fletcher N. Smith, Jr., Greenville, S.C. (Theo W. Mitchell, Mitchell, Smith Pauling, Greenville, S.C., on brief), for appellees.
Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (82-3270)
Before WIDENER, MURNAGHAN and ERVIN, Circuit Judges.
Upon further consideration of the facts, issues, and course of proceedings to date in this action, we are of opinion that permission to appeal under 28 U.S.C. § 1292(b) was improvidently granted.
We have been advised that the claims of the Wilsons against appellants Accomondo and O'Neill have been settled, but do not act on their motion for dismissal under Fed.R.App.P. 42(b) because the entire appeal has been dismissed. The parties should notify the district court of their settlement agreement for entry of an appropriate order in that court.