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STEWART v. BLACKWELL

No. 05-3044.

473 F.3d 692 (2007)

Effie STEWART, et al., Plaintiffs-Appellants, v. J. Kenneth BLACKWELL, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

January 12, 2007.

Attorney(s) appearing for the Case

Richard Saphire, Dayton Law School, Dayton, OH, Laughlin McDonald, Meredith E.B. Bell-Platts, American Civil Liberties Union Foundation, Atlanta, GA, Daniel P. Tokaji, Ohio State University College of Law, Columbus, OH, Paul F. Moke, Wilmington College, Wilmington, OH, for Plaintiffs-Appellants.

Sharon A. Jennings, Asst. Atty. General, Stephen P. Carney, Douglas R. Cole, Office of the Attorney General of Ohio, Mark D. Landes, Jeffrey A. Stankunas, Isaac, Brant, Ledman & Teetor, Richard N. Coglianese, Office of the Attorney General Employment Law Section, Holly J. Hunt, Ohio Attorney General's Office Constitutional Offices Section, Columbus, OH, Victor T. Whisman, Office of the Prosecuting Attorney for the County of Montgomery, Dayton, OH, Anita L. Davis, Summit County Prosecutor's Office, Akron, OH, David Todd Stevenson, Hamilton County Prosecuting Office, Cincinnati, OH, for Defendants-Appellees.

ORDER

The plaintiffs, having agreed with the defendants before en banc review that this appeal has become moot, request that this Court vacate the district court's judgment and remand with instructions to dismiss.

"When a civil case becomes moot pending appellate adjudication, `the established practice . . . in the federal system . . . is to reverse or vacate the judgment below and remand with a direction to dismiss.'" Coalition for Gov't Procurement...

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