TRADERS COMPRESS CO. v. BOARD OF REVIEW

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TRADERS COMPRESS CO. v. BOARD OF REVIEW
1950 OK 274
224 P.2d 268
203 Okla. 564
Case Number: 34155
Decided: 10/31/1950
Supreme Court of Oklahoma

Syllabus

¶0 APPEAL AND ERROR - Dismissal where questions have become moot.
The Supreme Court need not determine abstract, hypothetical, or moot questions, but, where it is made to appear that the questions brought up for review have become moot, the proceedings may be dismissed.

Appeal by Traders Compress Company from an order of the Board of Review, Oklahoma Employment Security Commission. Dismissed.

Richardson, Shartel & Cochran, Oklahoma City, for plaintiff in error.

Burton Duncan, Gerald S. Tebbe, both of Oklahoma City, for defendants in error.

WELCH, J.

¶1 This is an appeal by Traders Compress Company from an administrative order made by Board of Review of the Oklahoma Employment Security Commission. A motion to dismiss has been filed for the reason that the questions presented by the appeal are moot. A response has been filed in which it is shown that by reason of the lapse of time the relief sought by the plaintiff in error can no longer be obtained.

¶2 We have held that the Supreme Court will not attempt to determine abstract, hypothetical, or moot questions, but, where it is made to appear that the questions brought up for review have become moot, the proceedings will be dismissed. Glass et al. v. Banfield Bros. Packing Co., 168 Okl. 217, 32 P.2d 713; Douglas v. Baker, 167 Okl. 348, 29 P.2d 619; Campbell v. Reynolds, 167 Okl. 365, 29 P.2d 941; State, ex rel. Rives v. Halley, 167 Okl. 504, 30 P.2d 915; Hudson v. Moore, 169 Okl. 12, 35 P.2d 886.

¶3 Appeal dismissed.

¶4 ARNOLD, V. C. J., and CORN, HALLEY, JOHNSON and O'NEAL, JJ., concur.

¶5 GIBSON and LUTTRELL, JJ., dissent.