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BASTIEN v. SENATOR BEN NIGHTHORSE CAMPBELL

No. 02-1343.

409 F.3d 1234 (2005)

Rita BASTIEN, Plaintiff-Appellant, v. The OFFICE OF SENATOR BEN NIGHTHORSE CAMPBELL, Defendant-Appellee, American Federation of State, County and Municipal Employees, AFL-CIO; National Employment Lawyers Association; AARP; National Asian Pacific American Legal Consortium; American Association of People with Disabilities, Project on Government Oversight; and Public Citizen, Inc., Amici Curiae.

United States Court of Appeals, Tenth Circuit.

May 31, 2005.

Attorney(s) appearing for the Case

Karen Larson, John S. Evangelisti, Denver, CO, for Plaintiff-Appellant.

Jean Marie Manning, Claudia Anne Kostel, Office of the Senate Chief Counsel for Employment, Arlington, VA, for Defendant-Appellee.

Glen D. Nager, Jones, Day, Reavis & Pogue, Larry P. Weinberg, AFSCME General Counsel's Office, Vincent Eng, National Asian Pacific American Legal Consortium, Andrew J. Imparato, American Association of People with Disabilities, Allison M. Zieve, Public Citizen Litigation Group, Sheila A. Bedi, Institute for Public Representation, Washington, DC, Jenifer Bosco, National Employment Lawyers Association, San Francisco, CA, Traci L. Lovitt, Jones, Day, Reavis & Pogue, New York, NY, for Amici Curiae.

Before SEYMOUR, BALDOCK, and HARTZ, Circuit Judges.

ORDER ON MOTION TO DISMISS APPEAL AND VACATE JUDGMENT

PER CURIAM.

Our opinion in this case was filed on December 10, 2004. Senator Campbell's term of office ended at noon on January 3, 2005. Two weeks later Defendant, the Office of Senator Ben Nighthorse Campbell, filed in this court a motion to dismiss the appeal and vacate our judgment on the ground that the litigation abated when Senator Campbell's term ended because Defendant then ceased to exist. Plaintiff...

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