Summary
following Munsingwear procedure when entire case was mooted during appeal of preliminary injunction
Summary of this case from Miller v. GlanzOpinion
No. 94-1097.
Submitted June 16, 1994.
Decided September 1, 1994.
Harlan M. Goulett, of Minneapolis, MN, argued, for appellant.
Jocelyn Furtwangler Olson, St. Paul, MN, argued, for appellee.
Appeal from the United States District Court for the District of Minnesota.
The Republican Victory Club and its co-treasurers (collectively RVC) appeal the District Court's denial of their motion for a preliminary injunction. RVC sought to enjoin enforcement of the Minnesota law that forbids political committees or funds from accepting "aggregate contributions from an individual, political committee, or political fund in an amount more than $100 a year." Minn.Stat. § 10A.27 subd. 12 (Supp. 1993).
We have now resolved, on the merits, constitutional challenges made to section 10A.27 subd. 12 in a companion case, Day v. Holahan, 34 F.3d 1356 (8th Cir. 1994), and we have declared that subdivision to be unconstitutional and unenforceable. Therefore the present case is now moot. Accordingly, we dismiss the appeal, vacate the order of the District Court, and remand with instructions that the case be dismissed. See United States v. Munsingwear, Inc., 340 U.S. 36, 39, 71 S.Ct. 104, 106, 95 L.Ed. 36 (1950).