UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
decided: November 5, 1965.
SYLVIA RICHLAND, PLAINTIFF-APPELLANT,
LOU R. CRANDALL ET AL., DEFENDANTS, AND GEORGE A. FULLER COMPANY, BCLM, INC., CLOYCE K. BOX, DEFENDANTS-APPELLEES
Kaufman and Hays, Circuit Judges, and Timbers, District Judge.*fn*
Author: Per 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*fn1 and both cases will be tried shortly.
The relief which was sought by the motion for a temporary injunction*fn2 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.*fn3 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.