Nonprecedential Disposition

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted August 21, 2006
Decided January 22, 2007
Before
Hon. WILLIAM J. BAUER, Circuit Judge
Hon. KENNETH F. RIPPLE, Circuit Judge
Hon. MICHAEL S. KANNE, Circuit Judge
No. 04-3073
RICHARD DISHER, individually and Appeal from the United States
on behalf of all others similarly District Court for the Southern
situated, District of Illinois.
Plaintiff-Appellee,
No. 04 C 308
v. G. Patrick Murphy, Chief Judge.
CITIGROUP GLOBAL MARKETS
INCORPORATED,
Defendant-Appellant.
O R D E R
This case is before the court on remand from the Supreme Court of the
United States. The Supreme Court vacated our earlier judgment, see Disher v.
Citigroup Global, 403 F.3d 478 (7th Cir. 2005), and remanded the case to us with
instructions to reconsider our earlier determination in light of Kircher v. Putnam
Funds Trust, 547 U.S. ___, 126 S. Ct. 2145 (2006). See Disher v. Citigroup Global
Markets, Inc., 548 U.S. ___, 126 S. Ct. 2964 (2006).
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1

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No. 04-3073 Page 2
Kircher came from this circuit, and we already have taken action in that
matter in light of the decision of the Supreme Court. See In the Matter of Mutual
Fund Market-Timing Litigation, 468 F.3d 439 (7th Cir. 2006). The same action is
appropriate here. Accordingly, because we lack jurisdiction, we dismiss the appeal.
APPEAL DISMISSED for
WANT of JURISDICTION

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