# United States v. Rocco Frumento in Re Subpoena to Vito N. Pisciotta > Court of Appeals for the Third Circuit · March 18, 1977 · 552 F.2d 534 URL: https://www.frixlaw.com/law-library/cases/9463690 ## Case - **Full name:** UNITED STATES of America, Appellee, v. Rocco FRUMENTO Et Al.; In Re Subpoena to Vito N. PISCIOTTA, Appellant - **Court:** Court of Appeals for the Third Circuit - **Decided:** March 18, 1977 - **Citations:** 552 F.2d 534 - **Precedential status:** Published - **Opinion:** Concurrence by Rosenn - **Judges:** III, Seitz, Rosenn, Garth, Nov, Van Dusen, Aldisert, Adams, Gibbons, Hunter, Weis - **Cited by:** 46 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9463690 ## Opinion text ROSENN, Circuit Judge, concurring. I concur in the opinion of the majority, with the exception of the dictum that incapability of repetition would not render this appeal moot. See majority op. at 540-541. As Judge Garth demonstrates, the circumstances giving rise to Pisciotta’s confinement and release are indeed capable of repetition; consequently, this case falls within a well-established exception to general principles of mootness. Therefore, there would appear to be no need for the gratuitous assertion that, even if the circumstances underlying this case were incapable of repetition, the appeal would not be moot because the significance of the interests at stake is itself enough to permit review. Whether the presence of important interests obviates a showing of capability of repetition for purposes of mootness analysis is a troublesome question that should be addressed only in the context of a case squarely presenting that issue. ADAMS, Circuit Judge, joins in this opinion. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9463690. Public record. Not legal advice.