Laurence and Mary Bodkin v. United States of America

PER CURIAM.

The appellants’ petition for rehearing after denial of its motion to dismiss the government’s cross-appeal as moot is hereby granted. The appeal is moot because the appellant has stipulated to grant the government all the relief to which it could be entitled on a successful appeal. See e. g., Acheson v. Droesse, 1952, 90 U.S.App.D.C. 143 , 197 F.2d 574 . Accordingly we dismiss the appeal, vacate the district court’s judgment, and remand with directions to dismiss the complaint. United States v. Munsingwear, Inc., 1950, 340 U.S. 36 , 71 S.Ct. 104 , 95 L.Ed. 36 .

The government has argued that its interest in the effect of the district court’s decision as precedent entitles it to a hearing on the merits in this court. It is well established that the interest of a litigant in a controversy solely for its effect as precedent is insufficient to sustain an appeal, see, e. g., Boston Tow Boat Co. v. United States, 1944, 321 U.S. 632 , 64 S.Ct. 776 , 88 L.Ed. 975 , and that the value of the precedent may be measured when it is sought to be applied against the litigant in a subsequent case. See United States v. Sclafani, 2 Cir., 265 F.2d 408 , which expressly disapproves Matter of Bodkin, D.C.E.D.N.Y.1958, 165 F.Supp. 25 .