John C. Pappas, Plaintiff-appellant, v. Legg Mason Wood Walker, Incorporated; Gary Ganson; Johndoe, I; John Doe, Ii; John Doe, Iii, Defendants-appellees, 989 F.2d 494 (4th Cir. 1993)

John C. Pappas seeks to appeal the district court's order denying his request for a temporary restraining order pursuant to Fed. R. Civ. P. 65(b). Pappas sought to enjoin an arbitration hearing scheduled for August 14, 1992, in a securities dispute with the Defendants, and filed a civil action against them at the same time claiming fraud and violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C.A. §§ 1961-1968 (West 1984 & Supp. 1992).

Pappas's request to enjoin the arbitration is now moot. Papers filed by the parties show the August 14 hearing has been held. The request for a temporary restraining order no longer presents a live controversy. See Murphy v. Hunt, 455 U.S. 478 (1982). Therefore, we vacate the district court's order and remand to the district court with instructions to dismiss as moot. Id.; United States v. Munsingwear, Inc., 340 U.S. 36, 39-40 (1950). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.

VACATED AND REMANDED