Lake Coal Company, Inc v. Roberts Schaefer Co, 84-1240

Decision Date03 December 1985
Docket NumberNo. 84-1240,84-1240
Citation106 S.Ct. 553,474 U.S. 120,88 L.Ed.2d 418
PartiesLAKE COAL COMPANY, INC. v. ROBERTS & SCHAEFER CO
CourtU.S. Supreme Court

On writ of certiorari to the United States Court of Appeals for the Sixth Circuit.

PER CURIAM.

The motion of the parties requesting the Court to decide the questions presented in the petition for writ of certiorari despite complete settlement of the underlying causes of action is denied. See DeFunis v. Odegaard, 416 U.S. 312, 94 S.Ct. 1704, 40 L.Ed.2d 164 (1974).

The judgment of the United States Court of Appeals for the Sixth Circuit is vacated, and the case is remanded to the United States District Court for the Eastern District of Kentucky with instructions to dismiss the cause as moot.

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44 cases
  • Lusardi v. Xerox Corp.
    • United States
    • U.S. Court of Appeals — Third Circuit
    • September 16, 1992
    ...(1934), will rescue a mooted action. 16 Settlement of a plaintiff's claims moots an action. See Lake Coal Co. v. Roberts & Schaefer Co., 474 U.S. 120, 106 S.Ct. 553, 88 L.Ed.2d 418 (1985); Hammond Clock Co. v. Schiff, 293 U.S. 529, 55 S.Ct. 146, 79 L.Ed. 639 (1934); 13A C. Wright, A. Miller......
  • In re Long-Distance Tele. Serv. Fed. Excise Tax
    • United States
    • U.S. District Court — District of Columbia
    • March 25, 2008
    ...decide moot issues that the parties seek to have resolved for their own ancillary' purposes. Lake Coal Co. v. Roberts & Schaefer Co., 474 U.S. 120, 120, 106 S.Ct. 553, 88 L.Ed.2d 418 (1985). It is true that "[w]here one of the several issues presented becomes moot, the remaining live issues......
  • Brunet v. City of Columbus
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • October 4, 1993
    ...claims moots an action." Lusardi v. Xerox Corp., 975 F.2d 964, 974 (3d Cir.1992) (citing Lake Coal Co. v. Roberts & Schaefer Co., 474 U.S. 120, 106 S.Ct. 553, 88 L.Ed.2d 418 (1985); Hammond Clock Co. v. Schiff, 293 U.S. 529, 55 S.Ct. 146, 79 L.Ed. 639 (1934); 13A C. Wright, A. Miller & E. C......
  • Alia v. Michigan Supreme Court
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • August 30, 1990
    ...state court action. Settlement of all issues in a pending action on appeal will moot that action. Lake Coal Co. v. Roberts & Schaefer Co., 474 U.S. 120, 106 S.Ct. 553, 88 L.Ed.2d 418 (1985). The thrust of the action and issues before us, however, relate to rules enacted by defendants which ......
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