Oakland Dock & Warehouse Co. v. United States

193 F.2d 493, 1951 U.S. App. LEXIS 2920

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 17, 1951
• Docket: 12653
• Status: Published

Opinion

PER CURIAM.

The above entitled cause is now pending i.n this court on appeal from a judgment of the United States District Court for the Northern District of California, Southern Division which judgment granted a preliminary injunction restraining appellant, during the pendency of the action, from disposing of certain machinery in violation of restrictions said to be contained in a bill of sale by which appellant acquired said property from appellee.

It now appears that the trial court has proceeded with the trial of the cause and issued a permanent injunction therein. The appeal from the said preliminary injunction has become moot, and it is hereby dismissed. See City of Coeur D’Alene, Idaho, v. Washington Water Power Company, 9 Cir., 79 F.2d 461. Cf. Blevins v. Bank of America Nat. Trust & Savings Ass’n, 9 Cir., 91 F.2d 593, 595.