Cite as: 513 U. S. 18 (1994)
Opinion of the Court
Motion to vacate denied and case dismissed as moot. Reported below:
2 F. 3d 899.
Scalia, J., delivered the opinion for a unanimous Court.
Brandford Anderson argued the cause for petitioner. With him on the briefs were Dale G. Higer and David B. Levant.
Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae in support of petitioner. With him on the brief were Solicitor General Days, Assistant Attorney General Hunger, Ronald J. Mann, Leonard Schaitman, and John P. Schnitker.
John Ford Elsaesser, Jr., argued the cause for respondent. With him on the brief were Isaac M. Pachulski, K. John Shaffer, and Barbara Buchanan.*
Justice Scalia delivered the opinion of the Court. The question in this case is whether appellate courts in the federal system should vacate civil judgments of subordinate courts in cases that are settled after appeal is filed or certiorari sought.
I
In 1984 and 1985, Northtown Investments built the Bonner Mall in Bonner County, Idaho, with financing from a bank in that State. In 1986, respondent Bonner Mall Partnership (Bonner) acquired the mall, while petitioner U. S. Bancorp Mortgage Co. (Bancorp) acquired the loan and mortgage from the Idaho bank. In 1990, Bonner defaulted on its real estate taxes and Bancorp scheduled a foreclosure sale.
The day before the sale, Bonner filed a petition under Chapter 11 of the Bankruptcy Code, 11 U. S. C. § 1101 et seq.,
*Briefs of amici curiae were filed for Izumi Seimitsu Kogyo Kabushiki Kaisha et al. by Herbert H. Mintz, Robert D. Litowitz, Jean Burke Fordis, David S. Forman, and William L. Androlia; and for Trial Lawyers for Public Justice, P. C., by Jill E. Fisch, Arthur H. Bryant, and Leslie A. Brueckner.
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