Cases

Defendants filed a petition for rehearing of a decision in an appeal of a decision in a Fair Labor Standards Act case. The court affirmed the district court's judgment in favor of plaintiff in part but reversed the judgment insofar as it had denied plaintiff's motion for liquidated damages. Both parties had appealed the district court's decision. Defendants claimed that payment of the original judgment and the filing of a satisfaction of it made the appeal and cross-appeal moot, thus stripping the court of jurisdiction to enter a decision on the merits. T he court had not been notified of the satisfaction prior to its decision. After the judgment had been paid and a satisfaction had been filed, the parties acted in all respects as though the appeal and cross-appeal were alive and that they were awaiting a decision. The fact that plaintiff sought and obtained payment of the initial judgment was not enough by itself to render the appeal moot. The court looked to the parties' objective manifestations of intent. Both parties continued to pursue their appeals, and it was clear to the court that neither of the parties regarded the payment as an accord and satisfaction of the entire controversy. Defendants' contention of mootness was totally inconsistent with their position in the court where they sought to avoid all liability to plaintiff, including liability for the amount already paid. Because the appeal was not moot, the petition for rehearing was thus denied.