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Sears, Roebuck and Co. v. Diard, Inc.

Citations: 60 F.3d 840; 1995 U.S. App. LEXIS 25063; 1995 WL 376188Docket: 95-1275

Court: Court of Appeals for the Federal Circuit; June 7, 1995; Federal Appellate Court

Narrative Opinion Summary

Federal Circuit Local Rule 47.6(b) stipulates that opinions and orders not designated as citable precedent cannot be used as such, although they may be referenced for issues like claim preclusion or judicial estoppel. In the case of Sears, Roebuck and Co. v. Diard, Inc., No. 95-1275, the United States Court of Appeals for the Federal Circuit issued an order on June 7, 1995, stating that the proceeding is dismissed by mutual agreement of the parties, in accordance with Federal Rule of Appellate Procedure 42(b).

Legal Issues Addressed

Dismissal by Mutual Agreement under Federal Rule of Appellate Procedure 42(b)

Application: The case was dismissed by mutual agreement of the parties involved, following the procedural rules set forth in the Federal Rule of Appellate Procedure 42(b).

Reasoning: The United States Court of Appeals for the Federal Circuit issued an order on June 7, 1995, stating that the proceeding is dismissed by mutual agreement of the parties, in accordance with Federal Rule of Appellate Procedure 42(b).

Non-Citable Precedent under Federal Circuit Local Rule 47.6(b)

Application: The case cannot be cited as precedent but can be referenced for certain legal issues like claim preclusion or judicial estoppel.

Reasoning: Federal Circuit Local Rule 47.6(b) stipulates that opinions and orders not designated as citable precedent cannot be used as such, although they may be referenced for issues like claim preclusion or judicial estoppel.