INDIANA EMPLOYMENT SECURITY DIVISION et al. v. BURNEY
No. 71-1119.
Argued December 7, 1972
Decided January 17, 1973
Darrel K. Diamond, Deputy Attorney General of Indiana, argued the cause for appellants. With him on the briefs was Theodore L. Sendalc, Attorney General.
Ivan E. Bodensteiner argued the cause for appellee. With him on the brief were Stephen P. Berzon, Stefan M. Rosenzweig, and Fred H. Altshuler.
Briefs of amici curiae urging reversal were filed by Evelle J. Younger, Attorney General, Elizabeth Palmer, Assistant Attorney General, and Asher Rubin, Deputy Attorney General, for the State of California, and by Harry T. Ice for College University Corp. et al.
Briefs of amici curiae urging affirmance were filed by J. Albert Woll, Laurence Gold, and Thomas E. Harris for the American Federation of Labor and Congress of Industrial Organizations, and by Dennis R. Yeager, E. Richard Larson, Howard I. Rosenberg, James H. Seck-inger, John M. Levy, Marttie Louis Thompson, Joseph A. Matera, C. Christopher Brown, and C. Lyonel Jones for National Employment Law Project et al.
Per Curiam.
We noted probable jurisdiction in this case, 406 U. S. 956, to review the judgment of a three-judge district court, holding that Indiana’s system of administering unemployment insurance was in conflict with § 303 (a)(1) of the Social Security Act, 49 Stat. 626, as amended, 42 U. S. C. §503 (a)(1). Before the three-judge court entered its injunction, Indiana’s practice was to discontinue unemployment benefits upon a determination of ineligibility, that determination taking place without the benefit of a full hearing for the erstwhile beneficiary.
After several months of effort, however, the class representative in this litigation, Mrs. Burney, succeeded in obtaining a reversal of the initial determination of ineligibility. She has now received full retroactive compensation.
The full settlement of Mrs. Burney’s financial claim raises the question whether there continues to be a case or controversy in this lawsuit. Though the appellee purports to represent a class of all present and future recipients of unemployment insurance, there are no named representatives of the class except Mrs. Burney, who has been paid. Cf. Bailey v. Patterson, 369 U. S. 31, 32-33. Accordingly, the judgment is vacated and the case is remanded to the District Court to consider whether it has become moot.
It is so ordered.
The three-judge court was convened pursuant to 28 U. S. C. §§ 2281, 2284, to consider the prayer for an injunction against enforcement of the Indiana statute, Ind. Ann. Stat. § 52M542a (e) (Supp. 1970), on the grounds that it violated the appellee’s right to due process under the Fourteenth Amendment. The District Court did not reach this issue.
The District Court entered a temporary restraining order against the appellants on May 7,1971. Presumably, the appellee’s payments were then restored pending the outcome of her hearing before a referee, which took place, on July 1, 1971. On July 13, 1971, the referee affirmed the determination of ineligibility. Mrs. Burney then appealed to the Division Review Board. After the judgment and injunction were entered by the District Court, the Review Board reversed the referee and awarded payments to Mrs. Burney. This latter determination was unrelated to the injunction.
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