Legal Opinion

Martinez v. Winner

Court of Appeals for the Tenth Circuit

Decided August 29, 1986No. 82-2110PublishedCited by 13 opinions

1Opinion of the Court

ARNOLD, Circuit Judge.

The Supreme Court of the United States has vacated the judgment of this Court and remanded the case for us to consider whether it has become moot. Tyus v. Martinez, — U.S. -, 106 S.Ct. 1787, 90 L.Ed.2d 333 (1986).

The plaintiff has directed his counsel to withdraw from active participation and to conduct no additional business on his behalf in this case. This instruction to counsel, of which we had no knowledge at the time our previous opinions were filed, makes this Case moot. There can be no live controversy without at least two active combatants.

The judgment of this…

2Cases cited3 opinions

  1. United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
  2. Tyus v. MartinezSupreme Court of the United States · 1986
  3. United States v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1985

3Cited by13 opinions

  1. Cindy L. Cameron and Lawrence M. Cameron v. James McCauley Seitz, Monroe County Probate CourtCourt of Appeals for the Sixth Circuit · 1994
  2. United States v. Pearson, EricCourt of Appeals for the Tenth Circuit · 2000
  3. Oklahoma Radio Associates, an Oklahoma General Partnership of J. Patrick Collins and Greg L. Armstrong J. Patrick Collins, an Individual and Greg L. Armstrong, an Individual v. Federal Deposit Insurance Corporation, as Receiver for Citizens National Bank and Trust Company v. Magnolia Broadcasting Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1993
  4. United States v. Richard Ray Lacey, American Bankers Insurance CompanyCourt of Appeals for the Tenth Circuit · 1992
  5. Franklin Savings Ass'n v. Office of Thrift SupervisionCourt of Appeals for the Tenth Circuit · 1994

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