What is the effect of the Court of Appeal's disposition of a civil case in the absence of a theoretical question of jurisdiction?
MultiRegion, United States of America
The following excerpt is from Browning-Ferris Industries of South Jersey, Inc. v. Muszynski, 899 F.2d 151 (2nd Cir. 1990):
It thus is evident that, whichever disposition we undertake, the effect is the same. It follows that there is no need to decide the theoretical question of jurisdiction in this case. In the past, we similarly have reserved difficult questions of our jurisdiction when the case alternatively could be resolved on the merits in favor of the same party. See Secretary of the Navy v. Avrech, 418
Page 156
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