Henry L. Nahrebeski, Appellee, v. Cincinnati Milacron Mktg. Co., Appellant, 41 F.3d 1221 (8th Cir. 1994). · Go Syfert
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Henry L. Nahrebeski, Appellee, v. Cincinnati Milacron Mktg. Co., Appellant, 41 F.3d 1221 (8th Cir. 1994). Cases Citing This Book View Copy Cite
8 citation events (3 in the last 25 years) across 6 distinct courts.
Strongest positive: Ramirez v. Reddish (utd, 2020-04-23)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Ramirez v. Reddish
D. Utah · 2020 · confidence medium
(Jones v. Hunt, 41 F.3d 1221, 1226 (10th Cir. 2005)). “‘Examples of circumstances that might indicate a seizure, even where the person did not attempt to leave,’ includ[e] ‘the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer’s request might be compelled.’” Kaupp, 538 U.S. at 630 (alteration omitted) (quoting United States v. Mendenhall, 446 U.S. 544, 554 (1980)).
cited Cited as authority (rule) Pressley Ridge Schools v. Shimer
4th Cir. · 1998 · confidence medium
Co., 41 F.3d 1221, 1222 (8th Cir.1994). 21 DISMISSED.
cited Cited as authority (rule) Pressley Ridge Schools v. Shimer
4th Cir. · 1998 · confidence medium
Co., 41 F.3d 1221, 1222 (8th Cir.1994).
discussed Cited as authority (rule) Milar Elevator Co. v. District of Columbia Department of Employment Services (2×)
D.C. · 1997 · confidence medium
Co., 41 F.3d 1221, 1222 (8th Cir.1994) (per curiam) (noting that "[w]hen a case is settled while the appeal is pending, obviously the appeal becomes moot and should be dismissed").
Retrieving the full opinion text from the archive…
66 Fair empl.prac.cas. (Bna) 671, 30 fed.R.serv.3d 1321 Henry L. Nahrebeski
v.
Cincinnati Milacron Marketing Company
94-2169.
Court of Appeals for the Eighth Circuit.
Dec 1, 1994.
41 F.3d 1221
Donald W. Griffin, Kansas City, MO, for appellant., Martin M. Meyer, Kansas City, MO, for appellee.
Arnold, Bright, McMillian.
Cited by 8 opinions  |  Published
RICHARD S. ARNOLD, Chief Judge.

Henry L. Nahrebeski brought this action against the Cincinnati Milacron Marketing Company under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. The District Court denied defendant’s motion for summary judgment, 835 F.Supp. 1130 (W.D.Mo.1993) (Stevens, C.J.). The case was then tried to a jury, which returned a verdict in plaintiffs favor. From the judgment entered on that verdict, defendant has appealed.

The parties have now submitted a joint motion to dismiss the appeal, reciting that the case has been settled. The motion also asks us to direct the District Court to vacate its judgment.

When a ease is settled while the appeal is pending, obviously the appeal becomes moot and should be dismissed. This circumstance alone, however, does not justify vacation of the judgment being reviewed. U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, — U.S. —, 115 S.Ct. 386, 130 L.Ed.2d 233 (1994). In fact, vacation of the judgment under review is appropriate only if “exceptional circumstances” exist. Id. at —, 115 S.Ct. at 393, and “those exceptional circumstances do not include the mere fact that the settlement agreement provides for vacatur_” Ibid. We see no “exceptional circumstances” here, and the parties, appearing by counsel in open court at the time previously set for the oral argument on the appeal, have suggested none.

The Supreme Court’s opinion, however, goes on to make the following observation:

Of course even in the absence of, or before considering the existence of, extraordinary circumstances, a court of appeals presented with a request for vacatur of a district-court judgment may remand the case with instructions that the district court consider the request, which it may do pursuant to Federal Rule of Civil Procedure 60(b).

Id. at —, 115 S.Ct. at 393.

Counsel for both sides have agreed that we take the course thus suggested by the Supreme Court in U.S. Bancorp. Accordingly, the case having been settled by the parties, the appeal will be dismissed as moot, without prejudice to the right of either party to move the District Court under Fed.R.Civ.P. 60(b) that it vacate its judgment.

It is so ordered.