Opinion
No. 11434.
March 26, 1946. Rehearing Denied May 3, 1946.
Appeal from the District Court of the United States for the Southern District of Florida; William J. Barker, Judge.
Proceeding by the State of Florida on the relation of J. Tom Watson, Attorney General, against Frank Fraser, as Field Examiner for the National Labor Relations Board, for a temporary and permanent injunction against the holding of an election pursuant to an order of the National Labor Relations Board. From a judgment of dismissal, J. Tom Watson appeals.
Appeal dismissed.
J. Tom Watson, Atty. Gen. of Florida, and Cecil T. Farrington, Asst. Atty. Gen. of Florida, for appellant.
David A. Morse, Gen. Counsel, N.L.R. Bd., and A. Norman Somers, Asst. Gen. Counsel, N.L.R.Bd., both of Washington, D.C., for appellee.
Before SIBLEY, WALLER, and LEE, Circuit Judges.
The only defendant is Frank Fraser. The only relief prayed is a temporary and permanent injunction against the holding of an election pursuant to an order of the National Labor Relations Board. It is admitted that the election has now been held. We think the case has become moot and that nothing would be accomplished by reversing the judgment dismissing the petition if it be erroneous. We therefore on this ground dismiss the appeal without prejudice to the rights of the State of Florida against the National Labor Relations Board in any further proceedings it may take touching the matter in controversy.
Appeal dismissed.