Carpenters Southern California Administrative Corp. v. J.L.M. Construction Co., Inc.

Ninth Circuit

Carpenters Southern California Administrative Corp. v. J.L.M. Construction Co., Inc.

872 F.2d 930, 146 L.R.R.M. (BNA) 2640, 1989 U.S. App. LEXIS 5939

Procedural entryThis page is a short order in Carpenters Southern California Administrative Corp. v. J.L.M. Construction Co., Inc.. Read the opinion of the Court — 809 F.2d 594 →

Court of Appeals for the Ninth Circuit·Decided April 28, 1989·No. 85-6338·Published

Opinion

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); Skellman 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).

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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); Skellman 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).

Carpenters Southern California Administrative Corp. v. J.L.M. Construction Co., Inc., 872 F.2d 930, 146 L.R.R.M. (BNA) 2640, 1989 U.S. App. LEXIS 5939 (9th Cir. 1989).

Pincite

872 F.2d 930 (Carpenters Southern California Administrative Corp. v. J.L.M. Construction Co., Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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