Opinion
April 4, 1935. Reargued April 17, 1935.
June 29, 1935.
Appeals — Review — Moot questions.
An appeal was dismissed without prejudice where it appeared that the questions raised by the appeal were moot.
Argued April 4, 1935; reargued April 17, 1935.
Before FRAZER, C. J., SIMPSON, KEPHART, SCHAFFER, MAXEY, DREW and LINN, JJ.
Appeal, No. 264, Jan. T., 1935, by defendants, from judgment and decree of C. P. Luzerne Co., March T., 1935, No. 6, in case of Glen Alden Coal Company v. Anthracite Miners of Pennsylvania et al. Appeal dismissed without prejudice.
Bill for injunction. Before VALENTINE, J.
The opinion of the Supreme Court states the facts.
Preliminary injunction granted. Defendants appealed.
Error assigned, among others, was decree directing issuance of preliminary injunction.
E. C. Marianelli, with him James M. Stack, John E. Morris, Jr., and Edgar W. Lare, for appellants.
John P. Kelly, with him Evan C. Jones, Gilbert S. McClintock, Reese H. Harris and J. H. Oliver, for appellee.
From the suggestion filed since the argument of this case and from admissions appearing in the answer to the suggestion, we are satisfied that the questions raised by the appeal are moot. The appeal is therefore dismissed without prejudice, each party to pay its own costs.