Michael Akins Betty Akins v. Ronald J. Rodriguez, American Nuclear Insurers, Inc.

Ninth Circuit

Michael Akins Betty Akins v. Ronald J. Rodriguez, American Nuclear Insurers, Inc.

26 F.3d 105, 94 Cal. Daily Op. Serv. 4165, 94 Daily Journal DAR 7752, 1994 U.S. App. LEXIS 13417, 1994 WL 241806

Court of Appeals for the Ninth Circuit·Decided June 7, 1994·No. 90-16163·Published·Cited by 2 cases

Opinion

ORDER

On February 3, 1994, this court issued an opinion that affirmed the district court’s decision to abstain from hearing this case because of a pending state case. Akins v. Rodriguez, 15 F.3d 883 (9th Cir.1994). On February 25, 1994, we stayed the mandate pending a sua sponte call for en banc reconsideration to determine whether our opinion conflicts with Intel Corp. v. Advanced Micro Devices, Inc., 12 F.3d 908 (9th Cir.1993).

On May 12, 1994, the parties filed a stipulation for dismissal of the entire action with prejudice. Accordingly, this ease is DISMISSED pursuant to the stipulation of the parties.

This court’s opinion filed on February 3, 1994, is VACATED and the case is REMANDED with instructions to the district court to VACATE its judgment. See United States v. Munsingwear, Inc., 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950).

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ORDER

On February 3, 1994, this court issued an opinion that affirmed the district court’s decision to abstain from hearing this case because of a pending state case. Akins v. Rodriguez, 15 F.3d 883 (9th Cir.1994). On February 25, 1994, we stayed the mandate pending a sua sponte call for en banc reconsideration to determine whether our opinion conflicts with Intel Corp. v. Advanced Micro Devices, Inc., 12 F.3d 908 (9th Cir.1993).

On May 12, 1994, the parties filed a stipulation for dismissal of the entire action with prejudice. Accordingly, this ease is DISMISSED pursuant to the stipulation of the parties.

This court’s opinion filed on February 3, 1994, is VACATED and the case is REMANDED with instructions to the district court to VACATE its judgment. See United States v. Munsingwear, Inc., 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950).

Michael Akins Betty Akins v. Ronald J. Rodriguez, American Nuclear Insurers, Inc., 26 F.3d 105, 94 Cal. Daily Op. Serv. 4165, 94 Daily Journal DAR 7752, 1994 U.S. App. LEXIS 13417, 1994 WL 241806 (9th Cir. 1994).

Pincite

26 F.3d 105 (Michael Akins Betty Akins v. Ronald J. Rodriguez, American Nuclear Insurers, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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