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No. 23-971


                                   IN THE
                 Onpreme Court of tJe Uniteb Otateg



                              GARY  WAETZIG,

                                               Petitioner,

                                     V.

                  HALLIBURTON ENERGY SERVICES, INC.,

                                               Respondent.



                   MOTION   FOR   LEAVE  TO  DISPENSE
               WITH  PREPARATION OF JOINT APPENDIX


      Pursuant to Supreme Court Rule 26.8, Petitioner respectfully requests that the

Court dispense with the requirement of filing a joint appendix. Respondent agrees

that a joint appendix is not necessary and concurs in the filing of this motion.

      The Court granted the petition for a writ of certiorari to consider the question

whether a Rule 41 voluntary dismissal without prejudice is a final judgment, order,

or proceeding under Rule 60(b). Supreme Court Rule 26.1 provides that a joint

appendix need not include any items already reproduced in the appendix to the

petition for a writ of certiorari. In this case, that appendix includes the relevant

materials from the U.S. Court of Appeals for the Tenth Circuit and the district court.

The parties believe that no other portion of the record merits special attention

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