Opinion
No. 5894.
October 1, 1936.
Appeal from the District Court of the United States for the Northern District of Illinois, Eastern Division.
Now this day come the parties by their counsel and present and file a stipulation to dismiss this appeal, which said stipulation is in the words and figures following, to wit:
"Whereas, the Milwaukee Newspaper Guild having on September 5, 1936, requested of the National Labor Relations Board permission to withdraw the charge previously filed with the said Board against The Evening Wisconsin Company and Milwaukee Publishing Company, and the National Labor Relations Board by its order dated September 10, 1936 having granted the said permission to withdraw the aforesaid charge without prejudice; and having further dismissed the complaint against the aforesaid companies issued by it and based on the aforesaid charge; and having closed the case; and
"Whereas, a suit in equity venued in the United States District Court for the Eastern District of Wisconsin, seeking to enjoin the appellants from the conduct of the scheduled hearing on the aforesaid complaint of the National Labor Relations Board having thereby become moot;
"It is Hereby Stipulated and Agreed by and between the attorneys for the respective parties hereto, subject to the approval of this Court, that the appeal pending in this Court from the judgment and decree rendered on May 6, 1936 in favor of the appellees and against the appellants directing the issuance of a preliminary injunction in this case against the appellant Nathaniel S. Clark be dismissed without cost to either party; and that an order of dismissal on this stipulation may be entered without notice to either party."
Charles Fahy, of Washington, D.C., for appellants.
T.H. Spence and Arthur Wickham, both of Milwaukee, Wis., for appellees.
Before SPARKS, Circuit Judge.
On consideration whereof it is now here ordered, adjudged, and decreed by this court that this appeal be, and the same is hereby, dismissed pursuant to the foregoing stipulation.