Labels:book | daily | reckoner | sky | tree OCR: 39-40 (1950) In fact if proper request is made it is said to be the 'duty' the appellate court to vacate the lower court judgment. Duke Power Greenwood County 299 U.S. 259 267 {1936} The purpose of this rule "clear the path for future relitigation of the issues between the parties and eliminate judgment. review which was prevented through happenstance. Munsingwear 340 U.s at this way "[no party] prejudiced by decision which the statutory scheme was only preliminary The basic concern underlying this doctrine: therefore. protect parties from the res judicata effect ot ludement where the opportunity to appeal has been iost The Ninth Circuit has recognized discretionary excep- tion to this rule where the losing party was responsible for rendering the case ar the appellate level. See Ringshy Tr ...
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