MOUNTAIN STATES LEGAL FOUNDATION, ON BEHALF OF ITS INDIVIDUALLY NAMED MEMBERS, AND CHARLES H. MAHER, JR., AN INDIVIDUAL RESIDENT OF THE CITY AND COUNTY OF DENVER, PLAINTIFFS-APPELLANTS,
v.
CITY AND COUNTY OF DENVER, A MUNICIPAL CORPORATION, MILE HI CABLEVISION ASSOCIATES, LTD., A LIMITED PARTNERSHIP COMPOSED OF DANIELS AND ASSOCIATES PARTNERS LIMITED; AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION, A DELAWARE CORPORATION; AND MILE-HI CABLEVISION, INC., A COLORADO CORPORATION, DEFENDANTS-APPELLEES

10th Cir. | 1985-01-15
No. 83-2145
751 F.2d 1151 United States Court of Appeals for the Tenth Circuit (1985)

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Holding

The court granted the plaintiffs' motion to voluntarily dismiss the appeal.


Facts & Procedural History

Plaintiffs sought to remand the case to the district court, arguing that intervening state court decisions had rendered the issues moot. The appellate…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 10(e). The cause is therefore ordered submitted without oral argument.

This matter is before the court on plaintiffs’ “Motion to Remand to District Court with Instructions to Dismiss the Complaint as Moot and to Vacate Decision of District Court.” The basis for this motion is plaintiffs’ argument that the governmental actions complained of below have been satisfied by intervening state court pronouncements relating to the subject cable television permit and contract. We are not convinced, however, that the instant appeal has been rendered moot by the state court proceedings.

Nevertheless, we do consider plaintiffs’ papers filed in this court as compelling evidence of their lack of willingness to fully contest the issues on appeal. Therefore, we construe their motion to remand as a request for voluntary dismissal of the appeal under Fed.R.App.P. 42(b). As so construed, the motion is hereby granted.

DISMISSED. The mandate shall issue forthwith.


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