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

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 28, 1989

Docket85-6338

StatusPublished

This text of 872 F.2d 930 (Carpenters Southern California Administrative Corp. v. J.L.M. Construction Co., Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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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).

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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).

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872 F.2d 930, 146 L.R.R.M. (BNA) 2640, 1989 U.S. App. LEXIS 5939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpenters-southern-california-administrative-corp-v-jlm-construction-ca9-1989.

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