McKee & Company, a Partnership v. First National Bank of San Diego, a National Banking Association , 397 F.2d 248 ( 1968 )

397 F.2d 248

McKEE & COMPANY, a partnership, Appellant,
v.
FIRST NATIONAL BANK OF SAN DIEGO, a national banking association, Appellee.

No. 22065.

United States Court of Appeals Ninth Circuit.

June 21, 1968.

Thomas R. Mitchell (argued), of Hervey & Mitchell, San Diego, Cal., for appellant.

Harry Hargreaves (argued), of Procopio Cory, Hargreaves & Savitch, San Diego, Cal., for appellee.

Before CHAMBERS and ELY, Circuit Judges, and BYRNE, District Judge.

PER CURIAM:

1

The judgment is affirmed. The question of denying an injunction is moot. This is for the reason that all of the events sought to be enjoined have now occurred.

2

Our judgment is without prejudice to any new action claiming damage occurring subsequent to the dismissal.

3

The parties shall bear their own costs.