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

Full title: BENJAMIN R. BURROUGHS, ON BEHALF OF OPERATING ENGINEERS LOCAL UNION NO. 3…

Court: United States Court of Appeals, Ninth Circuit

Date published: Sep 6, 1984

742 F.2d 509 (9th Cir. 1984)

Opinion

No. 82-4650.

September 6, 1984.

Michael Friedman, Siegel, Friedman Dickstein, Oakland, Cal., for plaintiff-appellant.

John J. Davis, McCarthy, Johnson Miller, Kimball S. Atwood, Cooley, Godward, Castro, Huddleson, San Francisco, Cal., for defendants-appellees.

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

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

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

ORDER

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 The court's order of July 5, 1984, 736 F.2d 1341, is withdrawn. The opinion filed December 15, 1983 is withdrawn.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.