Whether, under United States v. Munsingwear, Inc., 340 U.S. 36 (1950), a court of appeals' decision should be vacated because the appeal became moot by happenstance while a petition for rehearing was pending, as the D.C., Fourth, Eighth, and Eleventh Circuits hold, or instead can be left in place because further review is discretionary, as the Second, Third, Ninth, and Tenth Circuits hold.

Whether, under United States v. Munsingwear, a court of appeals' decision should be vacated when an appeal becomes moot by happenstance while a petition for rehearing is pending