PEOPLE OF BIKINI, ENEWETAK, RONGELAP, UTRIK AND OTHER MARSHALL ISLANDS ATOLLS, PLAINTIFFS-APPELLANTS,
v.
THE UNITED STATES, DEFENDANT-APPELLEE

Fed. Cir. | 1988-10-19
No. Appeal Nos. 88-1206 to 87-1208
Before SMITH and NIES, Circuit Judges, and SKELTON, Senior Circuit Judge.
859 F.2d 1482 United States Court of Appeals for the Federal Circuit (1988) Positive Treatment
Cited by 4 cases

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Holding

The court granted the appellants' motion to dismiss their appeal with prejudice.

Facts & Procedural History

Appellants moved to dismiss their appeal, docketed as No. 88-1206, based on a new law providing funding for the Resettlement Trust Fund for the People…

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Topics
Dismissal With Prejudice Appellate Procedure Motion To Dismiss

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Opinion of the Court
NIES, Circuit Judge.

NIES, Circuit Judge.

All appellants in Docket No. 88-1206, which is part of the above captioned consolidated appeal, move this court under Federal Rules of Appellate Procedure 42(b) to dismiss their appeal docketed as No. 88-1206.

That request is based upon P.L. No. 100-466, signed into law by the President on September 27, 1988. That law provides, in part, for the appropriation of $90 million over a five year period for the purpose of funding the Resettlement Trust Fund for the People of Bikini. That fund was established under P.L. No. 97-257. Payment of the funds is conditioned, in part, on the voluntary dismissal with prejudice of Appeal No. 88-1206, by the People of Bikini.

Upon consideration of the motion, and because there is no opposition to the motion,

IT IS HEREBY ORDERED THAT:

(1) Appeal No. 88-1206 is dismissed with prejudice.

(2) Both parties shall bear their own costs.

(3) Any further fees due to this court in connection with Appeal No. 88-1206 shall be paid by appellants in that appeal.

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