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NASD DISPUTE RESOLUTION v. JUDICIAL COUNCIL, CAL.

No. 02-17413.

488 F.3d 1065 (2007)

NASD DISPUTE RESOLUTION, INC.; New York Stock Exchange, Inc., Plaintiffs-Appellants, v. JUDICIAL COUNCIL OF the STATE OF CALIFORNIA; Ronald M. George, in his official capacity as Chair of the Judicial Council; Marvin R. Baxter; Richard D. Aldrich; Norman L. Epstein; Richard D. Huffman; Gail Andrea Andler; Aviva K. Bobb; Robert A. Dukes; Leonard P. Edwards, William C. Harrison; Brad R. Hill; Donna J. Hitchens; Ronald M. Sabraw; Barbara Ann Zuniga; Martha Escutia; Ellen M. Corbett; John J. Collins; Pauline W. Gee; Rex A. Heeseman; Thomas J. Warwick, Jr., in their official capacities as members of the Judicial Council; William C. Vickrey, in his capacity as Administrative Director of the Courts, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed: May 30, 2007.

Attorney(s) appearing for the Case

Douglas W. Henkin, Milbank, Tweed, Hadley & McCloy LLP, New York, NY; Mark A. Perry (argued), William M. Jay, Gibson, Dunn & Crutcher LLP, Washington, D.C., for the appellants.

Mitchell C. Tilner, David S. Ettinger (argued), Horvitz & Levy LLP, Encino, CA; Mary Maloney Roberts, Judicial Council of California, Administrative Office of the Courts, San Francisco, CA, for the appellees.

Before: JOHN T. NOONAN and RICHARD R. CLIFTON, Circuit Judges, and GEORGE P. SCHIAVELLI, District Judge.

CLIFTON, Circuit Judge.

The parties agree that this appeal is moot. The underlying dispute has been resolved in other litigation. The parties disagree, however, on what should happen now. Appellants NASD Dispute Resolution, Inc. ("NASD"), and New York Stock Exchange, Inc. ("NYSE"), the plaintiffs, say we should vacate the district court's judgment dismissing their lawsuit. The defendant, the Judicial Council of the State of California ("the Council"), asks us to dismiss...

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