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Maddox v. Black, Raber-Kief Associates

United States Court of Appeals, Ninth Circuit
Apr 13, 1962
301 F.2d 904 (9th Cir. 1962)

Opinion

No. 17685.

April 13, 1962.

Louis A. Otto, Jr., Atty. Gen., Harold W. Burnett, Deputy Atty. Gen., Richard D. Magee, Asst. Atty. Gen., Agana, Guam, for appellant.

J. Garner Anthony and Arthur B. Reinwald, Honolulu, Hawaii, Arriola, Bohn Gayle, Agana, Guam, Robertson, Castle Anthony, Honolulu, Hawaii, of counsel, for appellee.

Before BARNES, JERTBERG and MERRILL, Circuit Judges.


Appellee sought mandamus in the district court to require appellant to deliver certain securities appellee had deposited with appellant as a bond conditioned upon the payment of certain taxes. Appellee obtained a summary judgment, and order for the delivery of the securities to it, and levied a writ of execution. Appellant moved for a stay of execution, and moved to quash the summary judgment. Both motions were denied. The levy of execution was then issued, and the securities were delivered to appellee.

The judgment, having gone to execution, has eliminated any controversy between the parties, and there is no issue on the merits which this court can decide. The appeal is moot, and is dismissed. Brownlow v. Schwartz, 1923, 261 U.S. 216, 43 S.Ct. 263, 67 L.Ed. 620; Local No. 8-6, etc., Oil Worker's Union v. Missouri, 1960, 361 U.S. 363 at 367-368, 80 S.Ct. 391, 4 L.Ed.2d 373; 6 Moore, Fed.Prac. § 57.13, p. 3074; 3A Barron Holtzoff, Fed.Prac. Proc. § 1560, p. 95 (note 23).


Summaries of

Maddox v. Black, Raber-Kief Associates

United States Court of Appeals, Ninth Circuit
Apr 13, 1962
301 F.2d 904 (9th Cir. 1962)
Case details for

Maddox v. Black, Raber-Kief Associates

Case Details

Full title:A.G. MADDOX, Acting Commissioner of Revenue and Taxation, Government of…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 13, 1962

Citations

301 F.2d 904 (9th Cir. 1962)

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