Labels:book | reckoner | sky | windowpane OCR: has been lost. at 722 Under these circumstances the court not the duty of the appellate court to direct dismissal the action Rather. the case should be renanded to the district court to decide whether to vacate its judgment. The Supreme Court has looked uodn such exceptions with disfavor. See New Lef Fducation Project Bourd Regents of the University Texas 414 807 (1973); see aisa Great Western Sugar Nelson, (1973) New Lef involved two university rules which the district court had declared invalid. Pending appeal the Regents repealed the rules The Fifth Circuit found that because the Regents had p1 the appeal by their own actions, the necessity of protecting their right to review "disappear[ed] New 472 2 218 5th 1973) Moreover the court explained 'dismissal + the suit. distinguished from di ...
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