Opinion
No. 06-595.
March 5, 2007.
Certiorari Granted-Vacated and Remanded.
C.A. 9th Cir. Motion of Kelsie J. Harper for leave to intervene denied. Petitioners seek review of the judgment of the United States Court of Appeals for the Ninth Circuit, which affirmed the District Court's denial of petitioners' motion for a preliminary injunction. The District Court, however, has now entered final judgment dismissing petitioners' claims for injunctive relief as moot. We have previously dismissed interlocutory appeals from the denials of motions for temporary injunctions once final judgment has been entered. See Pacific Telephone Telegraph Co. v. Kuykendall, 265 U. S. 196, 205-206 (1924); Shaffer v. Carter, 252 U. S. 37, 44 (1920). In this case, vacatur of the prior judgment is also appropriate to '"clea[r] the path for future relitigation of the issues between the parties and [to] eliminate] a judgment, review of which was prevented through happen-stance.'" Anderson v. Green, 513 U S. 557, 560 (1995) (per curiam) (quoting United States v. Munsingwear, Inc., 340 U. S. 36, 40 (1950); alterations in original). Certiorari granted, judgment vacated, and case remanded with instructions to dismiss the appeal as moot. See United States v. Munsingwear, Inc., supra. JUSTICE BREYER dissents.