Mckee & Company, a Partnership, Appellant, v. First National Bank of San Diego, a National Banking Association, Appellee, 397 F.2d 248 (9th Cir. 1968)

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U.S. Court of Appeals for the Ninth Circuit - 397 F.2d 248 (9th Cir. 1968) June 21, 1968

Thomas R. Mitchell (argued), of Hervey & Mitchell, San Diego, Cal., for appellant.

Harry Hargreaves (argued), of Procopio Cory, Hargreaves & Savitch, San Diego, Cal., for appellee.

Before CHAMBERS and ELY, Circuit Judges, and BYRNE, District Judge.

PER CURIAM:


The judgment is affirmed. The question of denying an injunction is moot. This is for the reason that all of the events sought to be enjoined have now occurred.

Our judgment is without prejudice to any new action claiming damage occurring subsequent to the dismissal.

The parties shall bear their own costs.