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MANCINELLI v. INTERNATIONAL BUSINESS MACHINES

No. 94-15770.

95 F.3d 799 (1996)

Dan MANCINELLI, Plaintiff-Appellee, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 5, 1996..

Attorney(s) appearing for the Case

Timothy J. Long, Orrick, Herrington & Sutcliffe, Sacramento, California, for defendant-appellant.

Keith A. Ehrman, McGuinn, Hillsman & Palefsky, San Francisco, California, for plaintiff-appellee.

Before: THOMPSON, KLEINFELD and TASHIMA, Circuit Judges.

Dissent to Order by Judge KLEINFELD.

Pursuant to the parties' joint motion for dismissal, the Memorandum disposition, filed June 13, 1996, is withdrawn. The appeal is DISMISSED and the case is REMANDED to the district court for its determination of whether its judgment should be vacated. See U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, ___ U.S. ___, ___, 115 S.Ct. 386, 393, 130 L.Ed.2d 233 (1994); Dilley v. Gunn,

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