Legal Opinion
United States v. Gordon
United States Court of International Trade
Decided March 20, 1987No. Court No. 84-1-00074Published
1Opinion of the Court
Opinion and Order
Restani, Judge:
In this dismissed case the United States has requested that an interlocutory opinion be vacated following settlement. The motion is unopposed.
There is a clear circumstance in which vacatur of a judgment on mootness grounds is appropriate. United States v. Munsingwear, Inc., 340 U.S. 36 (1950) directs that when a case becomes moot by happenstance pending appeal of the judgment below vacatur is the appropriate means of avoiding res judicata effects. There is some debate about application of Munsingwear to cases where mootness is the intended result of action by…
2Cases cited9 opinions
- United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
- Ringsby Truck Lines, Inc., and Ringsby-Pacific, Ltd. v. Western Conference of TeamstersCourt of Appeals for the Ninth Circuit · 1982
- Georgetown Steel Corporation v. The United StatesCourt of Appeals for the Federal Circuit · 1986
- The Nestle Company, Inc. v. Chester's Market, Inc. And Saccone's Toll House, Inc.Court of Appeals for the Second Circuit · 1985
- Harrison Western Corporation v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1986
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