
    PHILIP MORRIS USA, INC. (formerly known as Philip Morris Incorporated), Appellant, v. BRITISH-AMERICAN TOBACCO COMPANY and Tabacalera Istmena, S.A., Appellees.
    No. 05-1039.
    United States Court of Appeals, Federal Circuit.
    Dec. 21, 2004.
   ORDER

The parties having so agreed, it is

ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b).  