Unpublished Dispositionalphonse J. Nowik, Plaintiff-appellant, v. United States of America, Defendant-appellee, 762 F.2d 1010 (6th Cir. 1985)

This matter is before the Court upon consideration of appellee's motion to dismiss the appeal as moot and appellant's opposition thereto.

Appellant appealed from the district court's order of June 14, 1984, which denied appellant's petition to quash eight summonses directed to seven different parties and dismissed the action. Appellant filed a timely notice of appeal from that order, and the parties to whom the summonses were directed have since complied. Therefore, no controversy exists and the appeal is moot. United States v. Aquinas College Credit Union, 635 F.2d 887 (6th Cir. 1980), cert. denied sub nom, Schwallier v. United States, 450 U.S. 1042 (1981); United States v. Patmon, 630 F.2d 458 (6th Cir. 1980).

It is ORDERED that the motion to dismiss is granted and the case is remanded to the district court to vacate its order of June 14, 1984. Costs are assessed against plaintiff.