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956 F.

2d 226

BAXTER HEALTHCARE CORP., Plaintiff-Appellant-CrossAppellee,


v.
HEALTHDYNE, INC., Defendant-Appellee-Cross-Appellant.
No. 90-8370.

United States Court of Appeals,


Eleventh Circuit.
March 5, 1992.

David S. Currie, Charles A. Ratz, Gray, Gilliland & Gold, Atlanta, Ga.,
for plaintiff-appellant, cross-appellee.
William A. Clineburg, Jr., Daniel James King, King & Spalding, Atlanta,
Ga., for defendant-appellee, cross-appellant.
Appeals from the United States District Court for the Northern District of
Georgia; Charles A. Moye, Jr., Judge.
Before KRAVITCH and EDMONDSON, Circuit Judges, and
GODBOLD, Senior Circuit Judge.

BY THE COURT:
1

The parties joint motion to withdraw the appeal and cross-appeal and to
dismiss, based on settlement, is GRANTED. The panel opinion, published at
944 F.2d 1573 (11th Cir.1991) is VACATED. The judgment of the district
court is VACATED and the case is REMANDED to the district court with
instructions that the case be dismissed. United States v. Munsingwear, Inc., 340
U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950).

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