Carpenters Southern California Administrative Corp., Plaintiff-Appellant, v. J.L.M. Construction Co., Inc., Defendant-Appellee., 872 F.2d 930 (9th Cir. 1989)

Federal Circuits, 9th Cir. (April 28, 1989)

Docket number: 85-6338


Permanent Link: http://vlex.com/vid/carpenters-southern-administrative-37668812
Id. vLex: VLEX-37668812

Click here to download this article in graphic format (Acrobat Reader)

Document language

Search in this document

Sponsored Ads:


Citations:

FeediconRSS What's this?

Cited by:

U.S. Supreme Court - Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991)

U.S. Court of Appeals for the 1st Cir. - Cynthia Fournier, Plaintiff, Appellant, v. Best Western Treasure Island Resort, Defendant, Appellee., 962 F.2d 126 (1st Cir. 1992)

U.S. Court of Appeals for the 1st Cir. - C.E.K. Industrial Mechanical Contractors, Inc., Et Al., Petitioners, v. National Labor Relations Board, Respondent. Local Union No. 267 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Afl-Cio, Intervenor., 921 F.2d 350 (1st Cir. 1990)

U.S. Court of Appeals for the 3rd Cir. - Luden'S Inc., Appellee, v. Local Union No. 6 of the Bakery, Confectionery and Tobacco Workers' International Union of America; American Arbitration Association, Bakery, Confectionery and Tobacco Workers' International Local Union 6, Appellant., 28 F.3d 347 (3rd Cir. 1994)

Text:

Prior report: 9th Cir., 809 F.2d 594, rehearing granted and opinion vacated, 9th Cir., 840 F.2d 723.

Before POOLE and THOMPSON, Circuit Judges.

Appellants' motion to dismiss this appeal is granted. The appeal has become moot by the State of California's suspension of the corporate appellee, J.L.M. Construction Co., Inc., by its inability and unwillingness to participate further in the appellate process, and by the appellant's desire to abandon the appeal as reflected by its motion for voluntary dismissal. Fed.R.App.P. 42(b); Shellman v. United States Lines, Inc., 528 F.2d 675, 677-78 (9th Cir.1975).

Appellant's motion to vacate the judgment of the district court from which this appeal was taken is granted. See Duke Power Co. v. Greenwood County, 299 U.S. 259, 267, 57 S.Ct. 202, 205, 81 L.Ed. 178 (1936).

Accordingly, IT IS HEREBY ORDERED that this appeal is dismissed. The judgment of the district court from which the appeal was taken is vacated. This case is remanded to the district court with instructions to dismiss it. See Great Western Sugar Co. v. Nelson, 442 U.S. 92, 94, 99 S.Ct. 2149, 2150, 60 L.Ed.2d 735 (1979).

Sponsored Ads:




Activate your free trial now

Make your order

Need help? Contact us

Try vLex for FREE for 3 days

Access legal information from United States including:

  • Constitutions
  • Forms and Contracts
  • Legal Books and Journals
  • Case Law
  • News and Business
  • Regulations
  • U.S. Code

Try vLex without any commitment for 3 days and see why you need it.

3

days of Free Access