The government responded to Fairholme’s motion to dismiss its appeal yesterday evening, and a copy of that filing is attached to this e-mail message. The government asks the court to focus its attention on the mandamus petition rather than the traditional appeal. The government suggests that briefing in the appeal be stayed pending a decision in the mandamus proceeding because if the government prevails in the mandamus action, the government’s appeal would be rendered moot.17-1122-0016
