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Stars Restaurants Corp. v. Carl Karcher Enterprises, Inc.

Citations: 60 F.3d 842; 1995 U.S. App. LEXIS 25123; 1995 WL 374173Docket: 95-1273

Court: Court of Appeals for the Federal Circuit; June 16, 1995; Federal Appellate Court

Narrative Opinion Summary

The case involves Stars Restaurants Corp. (Appellant) versus Carl Karcher Enterprises, Inc. (Appellee) in the United States Court of Appeals for the Federal Circuit, case number 95-1273, dated June 16, 1995. The court dismissed the appeal due to the appellant's failure to file the required brief as stipulated by Federal Circuit Rule 31 within the designated timeframe. Consequently, the notice of appeal was dismissed for failure to prosecute in accordance with the rules. Additionally, the document notes that opinions and orders designated as nonprecedential cannot be cited as precedent, although they may be referenced in relation to issues of claim preclusion, issue preclusion, judicial estoppel, or the law of the case.

Legal Issues Addressed

Dismissal for Failure to Prosecute under Federal Circuit Rule 31

Application: The court applied this principle by dismissing the appeal because the appellant failed to file the required brief within the designated timeframe.

Reasoning: The court dismissed the appeal due to the appellant's failure to file the required brief as stipulated by Federal Circuit Rule 31 within the designated timeframe.

Nonprecedential Opinions and Orders

Application: The case highlights that nonprecedential opinions and orders cannot be cited as precedent but may be used in relation to specific legal doctrines such as claim preclusion and issue preclusion.

Reasoning: Additionally, the document notes that opinions and orders designated as nonprecedential cannot be cited as precedent, although they may be referenced in relation to issues of claim preclusion, issue preclusion, judicial estoppel, or the law of the case.