Martin Gardner Reiffin v. Microsoft Corporation, William H. Gates, Iii, and Steven A. Ballmer

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# United States Court of Appeals for the Federal Circuit

MARTIN GARDNER REIFFIN,
Plaintiff-Appellant,
v.
MICROSOFT CORPORATION, WILLIAM H. GATES,
III, AND STEVEN A. BALLMER,
Defendants-Appellees.

2012-1140

Appeal from the United States District Court for the
Northern District of California in case no. 11-CV-3505,
Judge Charles R. Breyer.

## ON MOTION

## ORDER

Microsoft Corporation moves to dismiss the current
appeal as premature. Martin Gardner Reiffin opposes.
Microsoft replies. Reiffin moves for leave to file a surre-
ply.

Subsequently, on April 16, 2012, the district court en-
tered final judgment in the underlying action. Reiffin
filed another appeal, 2012-1357, and within that notice of

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appeal states that he withdraws this appeal, 2012-1140.
We treat that statement as a withdrawal of his opposition
to the motion to dismiss 2012-1140.

Accordingly,
IT IS ORDERED THAT:

The motions are granted. Appeal 2012-1140 is dis-
missed.

For The Court

JUN 1 1 2012

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Joseph L. Spiegel, Esq. Todd M. Siegel, Esq.

$25

ISSUED AS A MANDATE:

JUN 1 1 2012

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JUN 11 2012
JAN HORBALY
CLERK