Shirley Jean Todd, Etc. v. Joseph S. Durr

Fifth Circuit

Shirley Jean Todd, Etc. v. Joseph S. Durr

404 F.2d 1386, 1969 U.S. App. LEXIS 9469

Court of Appeals for the Fifth Circuit·Decided January 3, 1969·No. 25843·Published

Opinion

PER CURIAM:

Shortly prior to the case coming on for oral argument, plaintiffs-appellants filed a motion to dismiss their appeal on the ground of mootness. We concluded to hear oral argument on this motion prior to entertaining argument on the merits. At that time counsel for defendants-appellees opposed the motion to dismiss on the ground of mootness, whereupon counsel for appellants then orally moved the Court to dismiss the appeal without reference to the ground of mootness, and appellees withdrew their opposition thereto. Accordingly, on appellants’ motion, the appeal is herewith dismissed.

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PER CURIAM:

Shortly prior to the case coming on for oral argument, plaintiffs-appellants filed a motion to dismiss their appeal on the ground of mootness. We concluded to hear oral argument on this motion prior to entertaining argument on the merits. At that time counsel for defendants-appellees opposed the motion to dismiss on the ground of mootness, whereupon counsel for appellants then orally moved the Court to dismiss the appeal without reference to the ground of mootness, and appellees withdrew their opposition thereto. Accordingly, on appellants’ motion, the appeal is herewith dismissed.

Shirley Jean Todd, Etc. v. Joseph S. Durr, 404 F.2d 1386, 1969 U.S. App. LEXIS 9469 (5th Cir. 1969).

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