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Johnson v. State

United States Court of Appeals, Fifth Circuit
Jan 18, 1979
586 F.2d 387 (5th Cir. 1979)

Summary

concluding entire case becomes moot where "a superseding statute . . . satisfies all the principles sought in an attack on the prior statute"

Summary of this case from Horton v. City of St. Augustine

Opinion

No. 78-2368. Summary Calendar.

Rule 18; 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casuality Co. of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I.

December 14, 1978. Rehearing Denied January 18, 1979.

Hubbard T. Saunders, IV, Sp. Asst. Atty. Gen., A. F. Summer, Atty. Gen., Jackson, Miss., for defendants-appellants.

Wynn Bogen, Eugene M. Bogen, Greenville, Miss., for plaintiffs-appellees.

Appeal from the United States District Court for the Northern District of Mississippi.

Before BROWN, Chief Judge, COLEMAN and VANCE, Circuit Judges.



Mississippi Code § 37-41-3 provided that students living one mile or more from their attendance centers were entitled to state financed transportation, with the exception that students residing within the corporate limits of a municipality and attending school within those corporate limits were not entitled to free transportation regardless of the distance from the school.

Upon a challenge filed on behalf of students residing within corporate limits, the District Court held that the statutory distinction between students residing within and without corporate limits was an unconstitutional denial of the equal protection of the laws, both on its face and as applied. The enforcement of the statute was permanently enjoined.

After this appeal was filed, the Mississippi Legislature responded to the decision of the District Court by amending the statute so as to provide free transportation for all students living one mile or more from their attendance center. This legislative action eliminated the unconstitutionality denounced by the District Court.

This being so, we are no longer presented with a live case or controversy. We adhere to the rule that the enactment of a superseding statute which satisfies all the principles sought in an attack on the prior statute simply moots the case. See Kremens v. Bartley, 431 U.S. 119, 97 S.Ct. 1709, 52 L.Ed.2d 184 (1977).

See, also, Bowles v. Blue Lake Development Corporation, 5 Cir., 1974, 504 F.2d 1094, 1098.

The District Court reserved its judgment on the issue of attorneys' fees, a matter it is amply able to hear and decide in keeping with the applicable jurisprudence.

We therefore remand the case to the District Court with directions to dismiss the complaint as moot after an appropriate adjudication as to the reserved issue of attorneys' fees.

IT IS SO ORDERED.


Summaries of

Johnson v. State

United States Court of Appeals, Fifth Circuit
Jan 18, 1979
586 F.2d 387 (5th Cir. 1979)

concluding entire case becomes moot where "a superseding statute . . . satisfies all the principles sought in an attack on the prior statute"

Summary of this case from Horton v. City of St. Augustine

In Johnson, supra, the Fifth Circuit stated that "[i]f the decision corrects across-the-board discrimination affecting a large class of an employer's employees, the attorney's fee award should reflect the relief granted."

Summary of this case from Johnson v. Summer
Case details for

Johnson v. State

Case Details

Full title:RITA JOHNSON ET AL., PLAINTIFFS-APPELLEES, v. THE STATE OF MISSISSIPPI ET…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jan 18, 1979

Citations

586 F.2d 387 (5th Cir. 1979)

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