Unpublished Disposition, 880 F.2d 416 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 880 F.2d 416 (9th Cir. 1989)

NATIONAL LABOR RELATIONS BOARD, Plaintiff-Appellee,v.Hank WESTPHAL, Defendant-Appellant.

No. 88-5984.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Feb. 9, 1989.Decided July 18, 1989.

Before FLETCHER, PREGERSON and LEAVY, Circuit Judges.


This matter is before us on Westphal's appeal from the district court's order that Westphal obey certain subpoenas served on him by the NLRB in connection with its investigation of unfair labor practices.

The NLRB has represented before us that Westphal has now complied fully with the subpoenas and that no additional information will be required from him regarding the investigation. Therefore, this situation is not capable of repetition.

Accordingly, the appeal is dismissed as moot. The district court should vacate its decision. See United States v. Munsingwear, Inc., 340 U.S. 36 (1950).