HARRIS ET AL.
v.
BATTLE, GOVERNOR, ET AL.

U.S. | 1954-10-14
No. 111
The Chief Justice, Mr. Justice Black and Mr. Justice Douglas are of the opinion that the case is not moot and that this Court should consider and decide the federal questions raised.
348 U.S. 803 Supreme Court of the United States (1954) Caution
Cited by 24 cases
Per_curiam
Per Curiam:

Appeal from the Supreme Court of Appeals of Virginia.

Per Curiam:

The motion to substitute Thomas B. Stanley as a party appellee in the place and stead of John S. Battle is granted. It appearing that the cause has become moot, the judgment of the Supreme Court of Appeals of Virginia is vacated and the cause is remanded for such proceedings as by that Court may be deemed appropriate. United States v. Anchor Coal Co., 279 U. S. 812. Mr. Justice Reed would dismiss the appeal for lack of jurisdiction. Norfolk Turnpike Co. v. Virginia, 225 U. S. 264, 269. Since the Court, however, treats the appeal as properly before it, he votes to dismiss on the ground of mootness.

The Chief Justice, Mr. Justice Black and Mr. Justice Douglas are of the opinion that the case is not moot and that this Court should consider and decide the federal questions raised.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (11 total)

  • Super Tire Eng'g Co. v. McCORKLE, 416 U.S. 115 (U.S. 1974)
    …atory Judgment Act, that a case or controversy exist between the parties. Unlike the situations that prevailed in Oil Workers Unions v. Missouri, 361 U. S. 363 (1960), on which the Court of Appeals' majority chiefly relied, and. in Harris v. Battle, 348 U. S. 803 (1954), the challenged governmental activity in the present, case is not contingent, has not' evaporated or disappeared, and,- by' its continuing and brooding presence, casts what may well, be a substantial adverse effect on the interests of the pet…
    1 / 2
  • Local NO. 8-6, OIL, Chem. & Atomic Workers Int'l Union, AFL-CIO v. Missouri, 361 U.S. 363 (U.S. 1960)
    …he merits of the appellants’ contentions would be to [*368] ignore this basic limitation upon the duty and function of the Court, and to disregard principles of judicial administration long established and repeatedly followed.7 In Harris v. Battle, 348 U. S. 803, these principles were given concrete application in a context so parallel as explicitly to control disposition of the primary issue here. That case originated as an action to enjoin the enforcement of a Virginia statute, markedly similar to the Kin…
    1 / 2
  • Div. 1287 v. Missouri, 374 U.S. 74 (U.S. 1963)
    …g seizure order, upon the finding that “continued exercise, by me of such authority is not justified in the circumstances of the ,aforesaid labor dispute.” Reliance for the claim of mootness is placed upon this Court’s decisions in Harris v. Battle, 348 U. S. 803, and Oil Workers Unions v. Missouri, 361 U. S. 363. In the Oil Workers case the Court declined to consider constitutional challenges to the King-Thompson Act, and in the Harris case declined to rule on the constitutionality of a similar Virginia sta…

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