Legal Opinion

American Games, Inc., Intervenor-Appellant v. Trade Products, Inc., and Stuart Entertainment, Inc.

Court of Appeals for the Ninth Circuit

Decided April 28, 1998No. 97-35275PublishedCited by 66 opinions

1Opinion of the Court

BOOCHEVER, Circuit Judge:

This appeal by an intervenor involves a district court decision to vacate a judgment after the controversy between the original parties was mooted by an asset sale that effectively merged the two companies. The district court determined that the intervenor had standing, but that the merger was motivated by legitimate business reasons only incidental to the mooted case. The court concluded that the equities favored vacatur. We affirm.

I.Facts and Procedural History

Stuart Entertainment (“Stuart”) holds copyrights on several bingo card series. Stuart sued Trade Products,…

2Cases cited15 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  3. United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
  4. Agostini v. FeltonSupreme Court of the United States · 1997
  5. United States v. Swift & Co.Supreme Court of the United States · 1932

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3Cited by66 opinions

  1. Valero Terrestrial Corp. v. PaigeCourt of Appeals for the Fourth Circuit · 2000
  2. United States v. Estate of StonehillCourt of Appeals for the Ninth Circuit · 2011
  3. Kevin Korczak v. Faizel Sedeman, Appeal of Tarkwin EnrickCourt of Appeals for the Seventh Circuit · 2005
  4. Marseilles Hydro Power LLC v. Marseilles Land & Water Co.Court of Appeals for the Seventh Circuit · 2007
  5. DHX, Inc. v. Allianz AGF MAT, Ltd.Court of Appeals for the Ninth Circuit · 2005

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