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SCHUSTER v. BOWEN

No. 72-2979.

496 F.2d 881 (1974)

Richard J. SCHUSTER, Individually and on behalf of all other members of the press similarly situated, Plaintiff-Appellant, v. District Judge Grant L. BOWEN of the Second Judicial District Court of the State of Nevada, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 10, 1974.

Attorney(s) appearing for the Case

Jerry Carr Whitehead (argued), David R. Belding, of Breen, Young, Whitehead & Hoy, Reno, Nev., for plaintiff-appellant.

John C. Bartlett (argued), of Vargas, Bartlett & Dixon, Reno, Nev., Robert H. Walker, Oakland Cal., for defendant-appellee.

Before BROWNING and DUNIWAY, Circuit Judges, and RENFREW, District Judge.

OPINION

DUNIWAY, Circuit Judge:

The judgment in this case does not conform to the requirements of Rule 58, Fed.R.Civ.P. Ordinarily, we would dismiss on that ground, but without prejudice to the entry of a new judgment and the filing of a new appeal. We do not do so in this case only because we have concluded that the case is moot, so that the entry of a new judgment, followed by a new appeal, would be an exercise in futility.

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