Legal Opinion

Laurence and Mary Bodkin v. United States of America, Cross-Appellants

Court of Appeals for the Second Circuit

Decided April 15, 1959No. 25466PublishedCited by 7 opinions

1Per curiam

The appellants’ petition for rehearing after denial of its motion to dismiss the government’s cross-appeal as moot is hereby granted. The appeal is moot because the appellant has stipulated to grant the government all the relief to which it could be entitled on a successful appeal. See e. g., Acheson v. Droesse, 1952, 90 U.S.App.D.C. 143, 197 F.2d 574. Accordingly we dismiss the appeal, vacate the district court’s judgment, and remand with directions to dismiss the complaint. United States v. Munsingwear, Inc., 1950, 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36.

The government has argued that its…

2Cases cited5 opinions

  1. United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
  2. United States v. Joseph L. SclafaniCourt of Appeals for the Second Circuit · 1959
  3. Boston Tow Boat Co. v. United StatesSupreme Court of the United States · 1944
  4. Acheson v. DroesseCourt of Appeals for the D.C. Circuit · 1952
  5. Application of BodkinDistrict Court, E.D. New York · 1958

3Cited by7 opinions

  1. United States of America, Nisqually Indian Tribe and Puyallup Indian Tribe, Intervenors-Appellants v. State of Washington, Department of FisheriesCourt of Appeals for the Ninth Circuit · 1978
  2. Baez-Geigel v. American Foreign Steamship Corp.District Court, S.D. New York · 1959
  3. Central South Carolina Chapter v. United States District Court for District of South CarolinaCourt of Appeals for the Fourth Circuit · 1977
  4. Rolle v. New York City Housing AuthorityDistrict Court, S.D. New York · 1969
  5. Central South Carolina Chapter, Society of Professional Journalists, Sigma Delta Chi v. United States District CourtCourt of Appeals for the Fourth Circuit · 1977

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API