Harris v. Joint School District No. 241

62 F.3d 1233

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 11, 1995
• Docket: No. 93-35839
• Status: Published

Opinion

ORDER

Pursuant to the orders of the United States Supreme Court, Joint Sch. Dist. 241 v. Harris, - U.S. -, 115 S.Ct. 2604, 132 L.Ed.2d 849 (1995), and Citizens Preserving America’s Heritage, Inc. v. Harris, — U.S. -, 115 S.Ct. 2604, 132 L.Ed.2d 849 (1995), the opinion of this court, reported at 41 F.3d 447 (9th Cir.1994), is vacated, and the appeal is dismissed as moot. See United States v. Munsingwear, Inc., 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950).

The case is remanded to the district court with instructions to vacate its judgment and dismiss the complaint as moot. See Great Western Sugar Co. v. Nelson, 442 U.S. 92, 93-94, 99 S.Ct. 2149, 2149-50, 60 L.Ed.2d 735 (1979).

Appellants’ motion for fees is denied.