United States Court of Appeals, Ninth CircuitJan 22, 2001
232 F.3d 746 (9th Cir. 2001)

Nos. 98-36242, 99-35141.

January 22, 2001.

Appeal from the United States District Court for the Western District of Washington; Jack E. Tanner, District Judge, Presiding. D.C. No. CV 97-1008 JET.

Before: B. FLETCHER and TASHIMA, Circuit Judges, and DUPLANTIER, District Judge.

The Honorable Adrian G. Duplantier, Senior United States District Judge for the Eastern District of Louisiana, sitting by designation.


The parties having jointly informed the court that this action has been settled, the opinion, filed on November 16, 2000, in Cook v. Robbins, 232 F.3d 736 (9th Cir. 2000), is WITHDRAWN and this appeal is DISMISSED. See Independent Union of Flight Attendants v. Pan American World Airways, 966 F.2d 457, 459 (9th Cir. 1992) (holding that appeal should be dismissed when it becomes moot prior to issuance of mandate). Upon the issuance of the mandate, the district court shall withdraw its decision and enter its judgment in accordance with the terms of the settlement agreement.

The mandate shall issue forthwith.