Sylvia RICHLAND, Plaintiff-Appellant, v. Lou R. CRANDALL et al., Defendants, and George A. Fuller Company, BCLM, Inc., Cloyce K. Box, Defendants-Appellees.
No. 111, Docket 29792.
United States Court of Appeals Second Circuit.
Argued Nov. 4, 1965.
Decided Nov. 5, 1965.
Wolf, Popper, Ross, Wolf & Jones, New York City (Paul L. Ross, Benedict Wolf, New York City, on the brief), for plaintiff-appellant.
Kramer, Marx, Greenlee & Backus, New York City (John J. Hayes and Nor-wood P. Beveridge, Jr., New York City, on the brief), for defendant-appellee George A. Fuller Co.
Sullivan & Cromwell, New York City (John F. Arning and John S. Allee, New York City, on the brief), for defendants-appellees BCLM, Inc. and Cloyce K. Box.
Before KAUFMAN and HAYS, Circuit Judges, and TIMBERS, District Judge.*
*184PER CURIAM:
On the argument of this and the companion appeal Klastorin v. Roth, et al., 353 F.2d 182 (2 Cir. 1965), we were advised that these two cases, arising out of the same transactions, have been consolidated by the District Court for trial, have been assigned to a Rule 2 Judge and both cases will be tried shortly.
The relief which was sought by the motion for a temporary injunction and denied by Judge McGohey would be impossible of fulfillment for the events which Richland sought to restrain have already occurred. The appeal is therefore moot. See Sawyer v. Pioneer Mill Co., 300 F.2d 200 (9th Cir. 1962), cert. denied, 371 U.S. 814, 83 S.Ct. 24, 9 L.Ed. 2d 55.
Appeal dismissed.