The following excerpt is from Naylor v. Superior Court of State of Ariz. In and For Maricopa County, 558 F.2d 1363 (9th Cir. 1977):
Mootness is not merely a "ducking device" as suggested by both counsel at oral argument and inferentially in their post-argument submissions. It goes directly to the jurisdiction and power of the federal courts to act. Preiser v. Newkirk, supra. The district court should have dismissed the case as moot.
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