NOTE: This order is nonprecedential. United States Court of Appeals
for the Federal Circuit
FBA OPERATING CO.,
Plaintiff-Appellant
v.
ETN CAPITAL, LLC, dba Beech Lane, LLC,
Defendant-Appellee
2024-2070
Appeal from the United States District Court for the Eastern District of North Carolina in No. 5:23-cv-00505-D-RN, Judge James C. Dever, III.
ON MOTION
Before LOURIE, CUNNINGHAM, and STARK, Circuit Judges.
O R D E R
Upon consideration of ETN Capital, LLC’s unopposed motion to dismiss this appeal as premature,
22 FBA OPERATING CO. v. ETN CAPITAL, LLC IT IS ORDERED THAT:
(1) The motion is granted, and the appeal is dismissed. (2) Each party shall bear its own costs.
FOR THE COURT
August 30, 2024 Date ISSUED AS A MANDATE: August 30, 2024