899 F. 2d 1227 - Micro Motion Incorporated v. Exac Corporation
899 F2d 1227 Micro Motion Incorporated v. Exac Corporation
899 F.2d 1227
MICRO MOTION, INCORPORATED, Plaintiff-Appellee,
v.
EXAC CORPORATION, Defendant,
v.
NEPTUNE MEASUREMENT COMPANY, Appellant.
No. 88-1643.
United States Court of Appeals, Federal Circuit.
Jan. 24, 1990.
Unpublished Disposition
NOTICE: Federal Circuit Local Rule 47.8(b) states that opinions and orders which are designated as not citable as precedent shall not be employed or cited as precedent. This does not preclude assertion of issues of claim preclusion, issue preclusion, judicial estoppel, law of the case or the like based on a decision of the Court rendered in a nonprecedential opinion or order.
Before NIES, Circuit Judge, NICHOLS,* Senior Circuit Judge, and ARCHER, Circuit Judge.
ORDER
Advertisement
Neptune Measurement Company sought to appeal from an order of the United States District Court for the District of South Carolina, Civil Action No. M-88-2-144, which denied its motion to quash a subpoena issued on behalf of Micro Motion, Inc.
This court has issued today two decisions pertinent to this case, Micro Motion, Inc. v. Kane Steel, Co., Nos. 89-1219, -1220, and Micro Motion, Inc. v. Exac Corp. v. Smith Meter, Inc., No. 89-1099. For the reasons stated in the Smith Meter opinion (copy attached) this case must be dismissed.
In view of the foregoing, IT IS ORDERED THAT:
(1) This appeal, No. 88-1643, shall be dismissed for lack of jurisdiction.
(2) Each party shall bear its own costs.
Senior Judge Nichols participated in the decision of this case but, due to illness, has not reviewed this order