N.J. TURNPIKE AUTH. v. JERSEY CENT. POWER AND LIGHT

No. 85-5131.

772 F.2d 25 (1985)

NEW JERSEY TURNPIKE AUTHORITY, a body corporate and politic of the State of New Jersey, Appellant, v. JERSEY CENTRAL POWER AND LIGHT and General Public Utilities Nuclear Corporation, Inc.

United States Court of Appeals, Third Circuit.

Decided September 6, 1985.

As Amended September 23, 1985.


Attorney(s) appearing for the Case

John J. Barry (argued), Daniel D. Caldwell, Andrew J. Miller, Wolff & Samson, P.A., Roseland, N.J., for appellant.

Martin S. Siegel (argued), Edward K. Dehope, Susan K. Fischer, Riker, Danzig, Scherer & Hyland, Morristown, N.J., for appellee; Bishop, Liberman & Cook, New York City, of counsel.

Before GIBBONS and HIGGINBOTHAM, Circuit Judges, and NEWCOMER, District Judge.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge:

We, like any other court, may lose jurisdiction over a case because of the occurrence of facts outside the record which terminate the controversy. We have constitutional jurisdiction only over actual cases and controversies between adverse interests, with respect to which our judgment will be effective. We find that the equitable remedy sought in this appeal from the district court's February...

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