283 F2d 472 Johnson v. J B Michael & Company

283 F.2d 472

Louis JOHNSON et al., Appellants,
J. B. MICHAEL & COMPANY, Inc., Appellee.

No. 14100.

United States Court of Appeals Sixth Circuit.

Oct. 11, 1960.

Raymond C. Schultz, Paducah, Ky., Francis T. Goheen, of Goheen, Schultz & Shelbourne, Paducah, Ky., on brief, for appellants.

James G. Wheeler, Paducah, Ky., Thos. J. Marshall, Jr., of Wheeler & Marshall, Paducah, Ky., on brief, for appellee.

Before MILLER, WEICK and O'SULLIVAN, Circuit Judges.


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During the oral argument of this cause in open court, it having been suggested that the right of way in Paducah and McCracken County, Kentucky, is now open to the public and that the issues in this cause have prohably become moot,


It is ordered that the judgment of the District Court be vacated and the cause remanded to determine whether such is a fact and if so to dismiss the complaint. Barker Painting Company v. Local No. 734, 281 U.S. 462, 50 S.Ct. 356, 74 L.Ed. 967; Local No. 8-6 Oil Workers Union v. Missouri, 361 U.S. 363, 80 S.Ct. 391, 4 L.Ed. 373.