397 F2d 248 McKee Company v. First National Bank of San Diego
397 F.2d 248
McKEE & COMPANY, a partnership, Appellant,
FIRST NATIONAL BANK OF SAN DIEGO, a national banking
United States Court of Appeals Ninth Circuit.
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.
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.