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Ruby v. Pan American World Airways Inc.

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


decided: May 10, 1966.

CHARLES H. RUBY, PRESIDENT OF THE AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, ET AL., PLAINTIFFS-APPELLANTS
v.
PAN AMERICAN WORLD AIRWAYS, INC., DEFENDANT-APPELLEE. FLIGHT ENGINEERS' INTERNATIONAL ASSOCIATION, PAA CHAPTER, INTERVENOR-APPELLEE

Smith, Kaufman and Feinberg, Circuit Judges.

Author: Per Curiam

After this appeal had been taken from Judge Levet's denial of a preliminary injunction, D.C., 252 F. Supp. 393, Judge Murphy dismissed the complaint in this case, in the exercise of his sound discretion, on the ground that a prior action 252 F. Supp. 873, as Judge Murphy stated "between the 'same' parties" would dispose of all the issues raised in this action. The appeal has become moot and is, accordingly, dismissed.*fn* See Janousek v. Doyle, 313 F.2d 916 (8th Cir. 1963); Dempsey v. Guaranty Trust Co. of N.Y., 131 F.2d 103 (7th Cir. 1942); but cf. Stell v. Savannah-Chatham Board of Education, 333 F.2d 55 (5th Cir.), cert. denied sub nom. Roberts v. Stell, 379 U.S. 933, 13 L. Ed. 2d 344, 85 S. Ct. 332 (1964).


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