( November 22, 2024, 4:59 PM EST) -- NEW ORLEANS — A split panel of the Fifth Circuit U.S. Court of Appeals granted the Securities and Exchange Commission’s motion to dismiss a self-described conservative think tank and other investors’ petition to review a no-action letter that agreed that Kroger Co. had a basis for excluding the think tank’s proposal in its 2023 proxy materials, finding the petition to be moot because Kroger ultimately decided to include the proposal in its 2023 proxy materials....