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Fishman v. Estate of Arthur M. Wirtz

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT


March 3, 1987

MARVIN L. FISHMAN AND ILLINOIS BASKETBALL, INC., PLAINTIFFS-APPELLEES, CROSS-APPELLANTS,
v.
ESTATE OF ARTHUR M. WIRTZ; WILLIAM WIRTZ; LESTER CROWN; PHILIP KLUTZNICK; JAMES COOK; ALBERT ADELMAN; CHICAGO PROFESSIONAL SPORTS CORPORATION; CHICAGO STADIUM CORPORATION; EMPRISE CORPORATION; CHICAGO BLACKHAWK HOCKEY TEAM, INC.; AND ATLANTA HOCKEY, INC., DEFENDANTS-APPELLANTS, CROSS-APPELLEES

On Appeal from the United States District court for the Northern District of Illinois, Eastern Division, Nos. 74 C 2814 & 78 C 3621, Honorable Stanley J. Roszkowski, Judge

Before HON. RICHARD D. CUDAHY, Circuit Judge, HON. FRANK H. EASTERBROOK, Circuit Judge, HON. THOMAS E. FAIRCHILD, Senior Circuit Judge

Order

The parties have advised us that they have settled this case and they jointly move for an order "vacating the appeal and cross-appeal" and remanding for the entry of orders effectuating their settlement. To the extent that the parties might be asking us to vacate our opinion of November 21, 1986, reported at 807 F.2d 520, we decline to do so. Vacation of prior orders is appropriate when mootness bars the opportunity for complete review, United States v. Munsingwear, Inc., 340 U.S. 36, 39 (1950), but a case does not become moot because parties voluntarily abandon their rights to further review.

In all other respects, the joint motion is granted. The petition for rehearing is DISMISSED, and this case is REMANDED to the district court for implementation of the settlement including dismissal of these lawsuits if appropriate. Each side shall bear its own costs in this court. The mandate shall issue seven days from the date hereof.

It is also ordered that the opinion of November 21, 1986, shall be AMENDED in the following two respects.

1. The following sentences shall be added as a footnote to the date of decision as follows:

"A Petition for Rehearing with Suggestion for Rehearing In Banc was filed by appellants but was dismissed after the parties advised this court that they had reached a settlement."

2. Footnote 19a, added after the words "Atlanta Hockey, Inc.", 807 F.2d at 542, shall state that:

"Atlanta Hockey, Inc. did not appeal, and accordingly this opinion does not affect the entry of judgment against it."

19870303

© 1998 VersusLaw Inc.



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