Federal Circuits, D.C. Cir. (October 23, 1990)
Docket number: 90-5056
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Before WALD, Chief Judge and HARRY T. EDWARDS and HENDERSON, Circuit Judges.
ORDERPER CURIAM.Upon consideration of appellant's motion for summary reversal, the opposition thereto and the reply, it isORDERED that the motion be denied and that the district court's denial of appellant's motion to vacate judgment be affirmed. Appellant's reliance on Fed.R.Civ.P. 60(b) is misplaced, as that Rule applies exclusively to final judgments. We note, however, that fairly construing the court's mandate in this case, the legal basis for granting the injunction in question has been reversed. See Webster v. Doe, 486 U.S. 592 (1988). We assume therefore, that upon proper motion, the district court will dissolve the injunction. See Yablonski v. UMW, 454 F.2d 1036, 1038 (D.C.Cir.1971) (district court is "without power to do anything which is contrary to either the letter or spirit of the mandate construed in the light of the opinion of [the] court deciding the case."), cert. denied,