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
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).