U.S. Court of Appeals for the Ninth Circuit, 1984

Burroughs ex rel. Operating Engineers Local Union No. 3 v. Marr

Burroughs ex rel. Operating Engineers Local Union No. 3 v. Marr
U.S. Court of Appeals for the Ninth Circuit · Decided September 6, 1984
742 F.2d 509; 117 L.R.R.M. (BNA) 2305 (Federal Reporter, Second Series)

Burroughs ex rel. Operating Engineers Local Union No. 3 v. Marr

Opinion of the Court

ORDER

Appeal from the United States District Court for the Northern District of California.

Before: KENNEDY and BOOCHEVER, Circuit Judges, and EAST,* District Judge.

The petition for rehearing is granted. The court’s order of July 5, 1984, 736 F.2d 1341, is withdrawn. The opinion filed December 15, 1983 is withdrawn. The district court’s opinion, Burroughs v. Marr, 559 F.Supp. 141 (N.D.Cal. 1982), is vacated, and this case is remanded to the district court with instructions to dismiss the action as moot.

Honorable William G. East, Senior United States District Judge for the District of Oregon, sitting by designation.

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