BAXTER HEALTHCARE CORP., PLAINTIFF-APPELLANT-CROSS-APPELLEE,
v.
HEALTHDYNE, INC., DEFENDANT-APPELLEE-CROSS-APPELLANT

11th Cir. | 1992-03-05
No. 90-8370
Before KRAVITCH and EDMONDSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.
956 F.2d 226 Court of Appeals for the Eleventh Circuit (1992) Positive Treatment
Cited by 4 cases
Opinion of the Court
BY THE COURT:

BY THE COURT: 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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Cited By

  • United States v. Bueno-Sierra, 99 F.3d 375 (11th Cir. 1996)
    …3 (11th Cir.1991). In that case, we held that records of the kind at issue in the instant case were admissible under Rule 803(6), but we later vacated the opinion when the parties withdrew their appeal. Baxter Healthcare Corp. v. Healthdyne, Inc., 956 F. 2d 226 (11th Cir.1992). .Rule 803(6) provides an exception for: A memorandum, report^record, or data compilation, in any iornf of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person wi…
  • KEY Enters. OF Del., Inc. v. Venice Hosp., 9 F.3d 893 (11th Cir. 1993)
    …n which the parties could seek rehearing en banc had expired. . This court has followed this vacation procedure in numerous cases in which a settlement was reached while the case was on appeal. See, e.g., Baxter Healthcare Corp. v. Healthdyne, Inc., 956 F. 2d 226 (11th Cir.1992) (granting joint motion to withdraw appeal and to dismiss based on settlement); Kimbrough v. Bowman Transportation, Inc., 929 F. 2d 599 (11th Cir.1991) (granting settling parties’ joint motion to withdraw suggestion of rehearing en ba…

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