United States Second Circuit

Plaintiff's move to vacate court's opinion on the ground that the parties entered into a stipulation to withdraw the appeal before the court issued its mandate is denied as the mandate has issued, and no extraordinary circumstance justifies recall.

Appellate Information

• Decided 12/04/2003
• Published 12/04/2003

Judges

• JACOBS, Circuit Judge., Before:  MINER, JACOBS, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Shawn L. Kelly (Michael R. O'Donnell, of counsel;  John R. Vales, on the brief), Riker, Danzig, Scherer, Hyland & Perretti LLP, Morristown, NJ, for Plaintiff-Appellant.


• For Appellees:
  
• Charles Cummings,Baker & McKenzie, New York, NY, for Defendant-Appellee.