ON MOTION
PROST, Circuit Judge.
ORDER
Upon consideration of the motion of Kemin Foods, L.C. and The Catholic Univer sity of America (Kemin) to withdraw their cross-appeal, 03-1245, IT IS ORDERED THAT:
(1) Kemiris motion is granted. Appeal 03-1245 is dismissed.
(2) The revised official caption in 03-1204 is reflected above.
(3) A copy of this order shall be transmitted to the merits panel assigned to hear 03-1204.