Utah Public Service Commission v. El Paso Natural Gas Co.

This is before us on appellant’s motion to dismiss its appeal under Rule 60. Ordinarily parties may by consensus agree to dismissal of any appeal pending before this Court.1 However, there is an exception where the dismissal implicates a mandate we have entered in a cause.2 Our mandate is involved here. We therefore ordered oral argument at which all parties concerned were afforded an opportunity to be heard on the question whether there had been compliance with the mandate. 394 U. S. 970. At the oral argument a number of appellees supported appellant’s motion. They included the United…