Great Western Sugar Co. v. Nelson, 442 U.S. 92 (1979)

Great Western Sugar Co. v. Nelson

No. 78-1060

Decided May 29, 1979
442 U.S. 92

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE TENTH CIRCUIT

Syllabus

Held: Upon dismissing as moot an appeal from the District Court’s order requiring arbitration of a dispute as to respondent’s discharge by petitioner -- the arbitration proceedings having been completed before the appeal could be decided on the merits -- the Court of Appeals erred in holding that the District Court’s judgment should remain in effect. Where it appears upon appeal that the controversy has become entirely moot, it is the duty of the appellate court to set aside the decree below and to remand the cause with directions to dismiss. Duke Power Co. v. Greenwood County, 299 U.S. 259; United States v. Munsingwear, Inc., 340 U.S. 36.

Certiorari granted; vacated and remanded.