489 F.2d 700 - Lewis v. Thomas — 489 F.2d 700

How this case has been cited

Cited by 10 later decisions — most recently September 2011

4 federal appellate · 2 district · 1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Curtis E. Tatar, Deputy Asst. Atty. Gen., Dept, of Law, Charlotte Amalie, St. Thomas, V. I., for appellants.

¶2Ronald T. Mitchell, Mitchell & Hunter, Charlotte Amalie, St. Thomas, V. I., for appellee.

¶3Before MARIS, GIBBONS and WEIS, Circuit Judges.

¶4OPINION OF THE COURT

¶5MARIS, Circuit Judge.

¶6This is an appeal by the defendants from an order of the district court granting a permanent injunction restraining the defendants from interfering with the attendance of the plaintiff in the 12th grade class at Charlotte Amalie High School during the school year 1971-1972 and ordering the defend*701ants to expunge from their records all reference to the dismissal of the plaintiff and the failing grades given to her for the last semester of the school year 1970-1971.

¶7It appears that pursuant to the injunction the plaintiff was permitted to complete the 12th grade and that she graduated from the high school in June 1972, prior to the taking of the appeal. The appeal is, therefore, moot and must be dismissed on that ground. While the dismissal of the defendants’ appeal will allow the order of the district court to stand we note that under the law of the Virgin Islands, as set out in the Restatement of Judgments, § 69(2),1 the order will not be conclusive against the defendants in a subsequent suit on a different cause of action.

¶8The appeal will be dismissed as moot.