Narrative Opinion Summary
The case involves Alpha Therapeutic Corporation and Clyde McCauley as plaintiffs-appellants against Nippon Hoso Kyokai, the defendant-appellee. The United States Court of Appeals for the Ninth Circuit filed a decision on January 12, 2001, involving case number 98-55642. The court noted that, following a stipulation by the parties on August 30, 2000, the previously filed opinion from December 28, 1999, has been withdrawn. Consequently, under Rule 42(b) of the Federal Rules of Appellate Procedure, the case is dismissed, and the mandate will be issued immediately.
Legal Issues Addressed
Dismissal of Case under Federal Rules of Appellate Procedure Rule 42(b)subscribe to see similar legal issues
Application: The case is dismissed in accordance with Rule 42(b) following the withdrawal of the opinion.
Reasoning: Consequently, under Rule 42(b) of the Federal Rules of Appellate Procedure, the case is dismissed, and the mandate will be issued immediately.
Withdrawal of Opinionsubscribe to see similar legal issues
Application: The case demonstrates the process by which an opinion can be withdrawn following a stipulation by the parties involved.
Reasoning: The court noted that, following a stipulation by the parties on August 30, 2000, the previously filed opinion from December 28, 1999, has been withdrawn.