Noonan, Trustee v. Jones
U.S. Court of Appeals for the First Circuit
Noonan, Trustee v. Jones
Opinion
USCA1 Opinion
May 4, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 94-2273
DAVID A. and CATHERINE M. JONES
Appellants.
v.
E. MARK NOONAN, TRUSTEE, ET AL.,
Appellees.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Steven J. McAuliffe, U.S. District Judge] ___________________
____________________
Before
Torruella, Chief Judge, ___________
Selya and Boudin, Circuit Judges. ______________
____________________
David A. Jones on brief for appellants. ______________
Nancy H. Michels and Michels & Michels on brief for appellees. ________________ _________________
____________________
____________________
Per Curiam. Appellants David and Catherine Jones appeal __________
the order of the United States Bankruptcy Court for the
District of New Hampshire, dated June 7, 1994, affirmed by
the district court, granting appellees relief, pursuant to 11
U.S.C. 362(d), from the automatic stay provision of the
Bankruptcy Code, in order that appellees might continue with
their attempt to evict appellants from property appellants
had leased in Gloucester, Massachusetts. Appellants failed
to seek a stay of this order pending appeal. See Fed. R. ___
Bank. P. 8005. Appellees thereupon obtained a writ of
execution from the Massachusetts housing court and appellants
were removed from the leased property on June 13, 1994. This
judgment, which is now final, is entitled to full faith and
credit before this court. See 28 U.S.C. 1738. Since we ___
can no longer provide any effective relief to appellants,
this case must be dismissed as moot. See In re Public _________ __ ____ ___ _____________
Service Co. of New Hampshire, 963 F.2d 469, 471-76 (1st Cir. _____________________________
1992) (case moot where failure to seek stay of bankruptcy
court order resulted "in circumstances were no effective
relief can be provided").
Reference
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