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Hunt v. Metropolitan Stevedore Co.

filed: July 12, 1991.

ROBERT W. HUNT, M.D., INC., PLAINTIFF/APPELLANT,
v.
METROPOLITAN STEVEDORE COMPANY, DEFENDANT, AND STEVEDORE SERVICES OF AMERICA; EAGLE PACIFIC INSURANCE COMPANY; CRESCENT WHARF AND WAREHOUSE COMPANY; INSURANCE COMPANY OF NORTH AMERICA; GERALD T. CULLEN, DEFENDANTS/APPELLEES



Appeal from the United States District Court for the Central District of California; William J. Rea, District Judge, Presiding; D.C. No. 89-4399 RG (TX).

Kozinski and O'Scannlain, Circuit Judges, and McNamee,*fn** District Judge.

MEMORANDUM

I

During oral argument appellant's counsel stated that all claims against the private appellees had been settled. As to his claim against Deputy Commissioner Cohen, appellant seeks the imposition of certain time limits for the administrative resolution of medical fee disputes arising under the Longshore and Harbor Workers' Compensation Act. Because Appellant no longer has any claims against the private parties, this court lacks jurisdiction to consider the claims against Deputy Commissioner Cohen.

In order for a federal court to have jurisdiction there must be a case or controversy. Sample v. Johnson, 771 F.2d 1335, 1339 (9th Cir. 1985). A moot action is one where issues are no longer live or parties lack a legally cognizable interest in the outcome. Id. Therefore, federal courts lack jurisdiction to decide moot cases because there is no case or controversy. See Id.

Sample is similar to the present case. Plaintiff, a longshoreman, appealed from the district court's order that the government may take up to six months to process Longshoremen's Act claim hearings. Prior to the district court's first order, plaintiff received a compensation award. Id. at 1338. The Court of Appeals held that the district court should have dismissed the claims against the government as moot. Id. at 1343.

II

In the case at bar, Hunt's claims against the private defendants have been dismissed. Consequently, Hunt's appeal is dismissed as moot.

DISMISS ...


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