¶1Russell L. Carter, James H. McGhee, Dayton, Ohio, Constance Baker Motley, Thurgood Marshall, New York City, for appellants.
¶3Upon consideration of a petition for a writ of mandamus directing the court to proceed to a trial upon the merits of the controversy, an order to show cause was issued to the District Judge. Wherefore, in response thereto, he vacated his order and set the case for trial on December 29, 1954.
¶4And it now appearing that the petition for a writ of mandamus has become moot, it is hereby ordered that the petition for the said writ be dismissed.