UNITED STATES SUPREME COURT DECISIONS ON-LINE

Respondents, students of the California School for the Blind, brought suit in Federal District Court against petitioner state officials, claiming that the school's physical plant did not meet applicable seismic safety standards and alleging rights of action under federal statutes. After trial, the court issued a "preliminary injunction" requiring the State to conduct additional tests of school grounds to aid in assessment of the school's seismic safety. The Court of Appeals affirmed the issuance of the injunction, noting that it was not finally deciding the merits of the action. Petitioners sought certiorari to review the Court of Appeals' judgment, but in the meantime the tests ordered by the District Court's preliminary injunction were completed.

Held: Since petitioners have complied with the terms of the preliminary injunction, the only question of law ruled on by the Court of Appeals -- that is, whether the District Court abused its discretion in applying the complicated calculus for determining whether the preliminary injunction should have issued -- is moot. However, other claims for relief still remain to be resolved by the District Court. Thus, the petition for certiorari is granted, and the Court of Appeals' judgment is vacated, with instructions to remand the case to the District Court.

Certiorari granted; 736 F.2d 538, vacated and remanded.