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OCR: jurisdic tion However, the intervenors asked the Court to vacate the lower court judments unconstitution- ality. This Court rejected that reguest, distinguishing the voluntary withdrawal of appeal from the "hap penstance which caused mootnes Munsingwear holding that: coni troversy did not become moot due to rir- cums tances unattributable the parties. The controversy ended when osing party the New Jersey Legislature declined pursue irs appeal Accordingly, the Munsingwear procedure inapplicable ta this case at 83 There 15 no meaninrful distinction between the facts of Karcher where the appellant voluntarily dism issed its appeal, and the present case, where Philips aue Windmere have settled their dispute, to dismiss th appeal and for vacatur but have not conditioned settlement their motion ...