
    SUNTIGER, INC., Plaintiff-Appellee, v. SUNGLASS PRODUCTS OF CALIFORNIA, INC. (doing business as Fisherman Eyewear), Defendant-Appellant.
    No. 2006-1398.
    United States Court of Appeals, Federal Circuit.
    Oct. 4, 2006.
    Before LOURIE, Circuit Judge, CLEVENGER, Senior Circuit Judge, and BRYSON, Circuit Judge.
   ON MOTION

BRYSON, Circuit Judge.

ORDER

The parties jointly move to dismiss and remand this appeal, due to settlement.

The court cannot both dismiss and remand the case because those are mutually exclusive actions. It is the court’s usual practice, when the parties have settled, to remand to the district court for further proceedings.

Accordingly,

IT IS ORDERED THAT:

(1) The motion to dismiss is denied.

(2) The motion to remand is granted.  