Jose Rodriguez v. F. Ray Marshall, Secretary of Labor, Henry Rothell, Etc.

579 F.2d 376, 1978 U.S. App. LEXIS 9278

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 31, 1978
• Docket: 76-2866
• Status: Published

Opinion

PER CURIAM:

This case was filed by a migrant farm worker attempting to compel the official charged with enforcement of the Wagner-Peyser Act, 29 U.S.C.A. § 49 et seq. (1973), to exercise their statutory authority under the Act. A trial was held resulting in judgment for the plaintiff. During the penden-cy of this appeal, the Department of Labor issued new regulations under the Act. 20 CFR § 653.108 et seq. Both parties suggest that these regulations address all the issues raised before this court, and that the case is

now moot. We agree. Diffenderfer v. Central Baptist Church, 404 U.S. 412, 92 S.Ct. 574, 30 L.Ed.2d 567 (1972); McRae v. Hogan, 576 F.2d 615 (5th Cir., 1978); Concerned Citizens of Vicksburg v. Sills, 567 F.2d 646 (5th Cir. 1978). Accordingly, the order of the District Court is vacated and the case is remanded with instructions to dismiss.

VACATED and REMANDED.