U. S. BANCORP MORTGAGE CO. v. BONNER MALL PARTNERSHIP

No. 93-714.

513 U.S. 18 (1994)

U. S. BANCORP MORTGAGE CO. v. BONNER MALL PARTNERSHIP

United States Supreme Court.

Decided November 8, 1994.


Attorney(s) appearing for the Case

Brandford Anderson argued the cause for petitioner. With him on the briefs were Dale G. Higer and David B. Levant.

Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae in support of petitioner. With him on the brief were Solicitor General Days, Assistant Attorney General Hunger, Ronald J. Mann, Leonard Schaitman, and John P. Schnitker.

John Ford Elsaesser, Jr., argued the cause for respondent. With him on the brief were Isaac M. Pachulski, K. John Shaffer, and Barbara Buchanan.*

Scalia, J., delivered the opinion for a unanimous Court.


Justice Scalia, delivered the opinion of the Court.

The question in this case is whether appellate courts in the federal system should vacate civil judgments of subordinate courts in cases that are settled after appeal is filed or certiorari sought.

I

In 1984 and 1985, Northtown Investments built the Bonner Mall in Bonner County, Idaho, with financing from a bank in that State. In 1986, respondent Bonner Mall Partnership (Bonner) acquired the mall...

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