PACIFIC WESTERN OIL CO v. BERN OIL CO

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District Court of Appeal, Fourth District, California.

PACIFIC WESTERN OIL CO. v. BERN OIL CO., Limited, et al.

Civ. 1369.

Decided: December 11, 1936

Hy Schwartz, of Los Angeles, Claflin & Dorsey, of Bakersfield, and Abe Richman and Sidney J. Unickel, both of Los Angeles, for appellants. Borton, Petrini & Conron, of Bakersfield, for respondent.

This appeal is from an order granting a preliminary injunction. After a hearing on the merits, a permanent injunction was issued.

The respondent has moved to dismiss this appeal upon the ground that the questions involved have become moot since the preliminary order has become merged in the permanent order.

No appearance was made in opposition to the motion and, so far as here appears, the question as to whether or not the preliminary injunction should have been issued is now moot. Mailhes v. Investors Syndicate, 220 Cal. 735, 32 P.(2d) 610; Sheward v. Citizens' Water Company, 90 Cal. 635, 27 P. 439; People's Ditch Co. v. Foothill Irr. Dist., 103 Cal.App. 321, 284 P. 514.

The motion is granted and the appeal is dismissed.

BARNARD, Presiding Justice.

We concur: MARKS, J.; JENNINGS, J.