Nikken USA, Inc. v. K Mart Corp.

Federal Circuit

Nikken USA, Inc. v. K Mart Corp.

63 F. App'x 493

Court of Appeals for the Federal Circuit·Decided April 17, 2003·No. Nos. 02-1292, 02-1293·Published

Opinion

ORDER

BRYSON, Circuit Judge.

The court considers whether Nikken USA, Inc.’s appeal and K Mart Corporation’s cross-appeal should be dismissed without prejudice to reinstatement upon completion of K Mart’s bankruptcy proceedings or the lifting of the stay in bankruptcy court.

Upon consideration thereof,

IT IS ORDERED THAT:

The appeals are dismissed with Nikken and K Mart reserving the right to reinstate their appeals on notice to the clerk within 30 days of the completion of K Mart’s bankruptcy proceedings or the lifting of the stay in bankruptcy court, whichever occurs first.

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ORDER

BRYSON, Circuit Judge.

The court considers whether Nikken USA, Inc.’s appeal and K Mart Corporation’s cross-appeal should be dismissed without prejudice to reinstatement upon completion of K Mart’s bankruptcy proceedings or the lifting of the stay in bankruptcy court.

Upon consideration thereof,

IT IS ORDERED THAT:

The appeals are dismissed with Nikken and K Mart reserving the right to reinstate their appeals on notice to the clerk within 30 days of the completion of K Mart’s bankruptcy proceedings or the lifting of the stay in bankruptcy court, whichever occurs first.

Nikken USA, Inc. v. K Mart Corp., 63 F. App'x 493 (Fed. Cir. 2003).

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