Flowserve US Inc v. Department of Labor

United States Court of Appeals Fifth Circuit FILED March 23, 2005 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 05-10048 _____________________ FLOWSERVE US INC Plaintiff - Appellee v. DEPARTMENT OF LABOR; OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION Defendants - Appellants --------------------- Appeal from the United States District Court for the Northern District of Texas, Dallas 3:04-CV-868-H --------------------- Before WIENER, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* IT IS ORDERED that the appellants’ unopposed motion to dismiss appeal is GRANTED. IT IS FURTHER ORDERED that the appellants’ unopposed motion to vacate the District Court orders of November 2, 2004 and December 13, 2004 is GRANTED. IT IS FURTHER ORDERED that the appellants’ unopposed motion to remand the case to the United States District Court for the Northern District of Texas, Dallas Division, with directions that the case be dismissed as moot is GRANTED. * Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.