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01-2410 Kinney v. Federal Security, Inc.
By: dmc-admin//December 3, 2001//
Listen to this article“We agree with Kinney that the district court’s judgment should be vacated and the case dismissed because the appeal is moot. See Barbour, 583 F.2d at 337. However, the mootness of the appeal and the vacatur of the district court’s judgment does not preclude the district court’s consideration of Federal Security’s request for fees. See Young v. City of Chicago, 202 F.3d 1000 (7th Cir. 2000) (and cases cited therein); Williams v. Alioto, 625 F.2d 845, 847-48 (9th Cir. 1980). We express no opinion on the merits of such a request, which is for the district court to evaluate in the first instance.”
Dismissed and remanded.
Appeal from the United States District Court for the Northern District of Illinois, Conlon, J., Per Curiam.
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