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732 F.2d 949

Docket No. 83-2184.

Berry v. Reagan

District of Columbia Circuit Court of Appeals

Argued on Motion to Summarily Reverse the District Court and to Issue a Stay Nov. 21, 1983.

Decided Nov. 30, 1983. Ordered Published March 20, 1984.

District of Columbia Circuit Court of Appeals · decided 1983-11-30

2 counsel of record

Applies 28 U.S.C. § 291

Relies on Younger v. Harris · Railroad Commission v. Pullman Co. · Procunier v. Martinez

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1983-11-30

How this case has been cited

Cited by 5 later decisions — most recently August 2004

3 federal appellate ·

20198319902000decided

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.

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On Appeal from the United States District Court for the District of Columbia (Civil Action No. 83-03182).

Robert E. Kopp, Alfred Mollin, J. Paul McGrath and Richard K. Willard, Attys., U.S. Dept. of Justice, Washington, D.C., for appellant.

Eric Schnapper, New York City, Elaine R. Jones, Washington, D.C., Barry L. Goldstein, Yonkers, N.Y., Brent E. Simmons, New York City, and Jack Greenberg, Yonkers, N.Y., by special leave of Court, for appellees.

Before WILKEY and MIKVA, Circuit Judges, McGOWAN, Senior Circuit Judge.

ORDER

PER CURIAM.

¶1

Upon consideration of appellant's motion for summary reversal and for a stay pending appeal, appellees' opposition, appellant's reply thereto, and the oral argument of the parties, it is

¶2

ORDERED by the Court that, the statutory period for the existence of the U.S. Commission on Civil Rights as presently constituted having expired, 42 U.S.C. Sec. 1975c(d), the judgment of the district court is vacated and this cause is remanded to the district court with directions to dismiss the suit as moot. See United States v. Munsingwear, Inc., 340 U.S. 36, 39, 71 S.Ct. 104, 106, 95 L.Ed. 36 (1950); Great Western Sugar Co. v. Nelson, 442 U.S. 92, 93-94, 99 S.Ct. 2149, 2149-50, 60 L.Ed.2d 735 (1979) (per curiam). In Kalaris v. Donovan, 697 F.2d 376, 389-401 (D.C.Cir.), cert. denied, --- U.S. ----, 103 S.Ct. 3088, 77 L.Ed.2d 1349 (1983), this court most recently visited the delicate area of tenure of office. There is no occasion to reaffirm any of its teachings in the case sub judice.

¶3

The Clerk is directed to send a certified copy of this order to the District Court.

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