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Richard Smith, and v. Charles F. Denny, And

Richard SMITH Et Al., Plaintiffs and v. Charles F. DENNY Et Al., Defendants and Appellees

Smith v. Denny, 417 F.2d 614 (9th Cir. 1969)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
October 20, 1969
Docket
No. 22861
Judges
Chambers, Carter, Jameson
Citations
417 F.2d 6141969 U.S. App. LEXIS 10367

Opinion — Per Curiam

PER CURIAM:

The motion to dismiss is granted. The plaintiffs (appellants) now have no interest whatever in the litigation. The children for whom the suit was brought have graduated from high school, thus depriving them and their parents of any continuing interest in the litigation.

Appellants resist the motion with an impressive array of authorities. We think this is one case still covered by Doremus v. Board of Education, 342 U.S. 429 , 72 S.Ct. 394 , 96 L.Ed. 475 .

Subsequent authorities indicate that where there is a strong chance that the same complained of conduct will reoccur and the same plaintiffs be offended by it, the cause is not necessarily moot.

Moore v. Ogilvie, 394 U.S. 814 , 89 S.Ct. 1493 , 23 L.Ed.2d 1 is the best authority of appellant, but we distinguish it this way:

In Moore the appellants, who were candidates for the post of presidential elector, challenged the exclusion of their names from the ballot. The Supreme Court decided that although the election was over, the case was not moot because the appellants would again be subjected to the state election law at issue if they chose to again seek election as presidential electors. The appellants here do not show how they might ever be subjected to the pledge of allegiance ceremony held in Redding, California, secondary schools by directive of the Redding school board or suffer any direct harm therefrom. Thus, while the appellants in Moore faced *615 the possibility of future direct harm, the appellants here fail to demonstrate such a possibility and none is apparent to us.

The contention that appellants have a standing as taxpayers we regard as too fragile a hook to hang a legal claim on here

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1979: 11989: 11991: 11999: 22010: 119792026peak 1999 · 2

Relies on it most ⓘ

  1. Doe v. Madison School District No. 321177 F.3d 789 (9th Cir. 1999)
  2. No. 97-35642177 F.3d 789 (9th Cir. 1999)
  3. Newdow v. Rio Linda Union School District597 F.3d 1007 (9th Cir. 2010)
  4. Gavin v. Peoples Natural Gas Co.464 F. Supp. 622 (W.D. Pa. 1979)
  5. Sherman v. Community Consolidated School District 21714 F. Supp. 932 (N.D. Ill. 1989)
  6. Sherman v. Community Consolidated School District 21 of Wheeling Township758 F. Supp. 1244 (N.D. Ill. 1991)

Most recent

  1. Newdow v. Rio Linda Union School District597 F.3d 1007 (9th Cir. 2010)
  2. No. 97-35642177 F.3d 789 (9th Cir. 1999)
  3. Doe v. Madison School District No. 321177 F.3d 789 (9th Cir. 1999)
  4. Sherman v. Community Consolidated School District 21 of Wheeling Township758 F. Supp. 1244 (N.D. Ill. 1991)
  5. Sherman v. Community Consolidated School District 21714 F. Supp. 932 (N.D. Ill. 1989)
  6. Gavin v. Peoples Natural Gas Co.464 F. Supp. 622 (W.D. Pa. 1979)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Moore v. Ogilvie, 394 U.S. 814 (1969) 542
Doremus v. Bd. of Ed. of Hawthorne, 342 U.S. 429 (1952) 375

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