Billings v. Camp

No. 73-1035 (D.C. Cir. May 25, 1973)

The court vacates as moot the order of the district court, which enjoined the Comptroller of the Currency from further action to establish a branch bank in Woodstock Village, Vermont, pending filing of an EIS, and dismisses plaintiffs' appeal. For the decision of the district court, see 2 ELR 20687.

Counsel for Plaintiffs
Thomas M. Debevoise
Shoreham Building
Washington, D.C. 20005

Counsel for Defendants
E. Grey Lewis
Harland S. Leathers
Peter J. P. Brickfield
Department of Justice
Washington D.C. 20537

[3 ELR 20701]

Per Curiam.

ORDER

On consideration of appellants' motion to vacate District Court's order as moot and to dismiss appeal, and of the response filed with respect thereto, it is

ORDERED by the Court that appellants' motion is granted, this appeal is dismissed and the case is remanded to the District Court with directions to dismiss the complaint. See United States v. Munsingwear, Inc., 340 U.S. 36 (1950); Acheson v. Droesse, 90 U.S. App. D.C. 143, 197 F.2d 574 (1952).

[3 ELR 20702]

This order shall be without prejudice to the right of appellee to file a new action in the District Court requesting that Court to reinstate its opinion and order should possible developments warrant a request for such relief.