880 F. 2d 416 - National Labor Relations Board v. Westphal
880 F2d 416 National Labor Relations Board v. Westphal
880 F.2d 416
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
NATIONAL LABOR RELATIONS BOARD, Plaintiff-Appellee,
v.
Hank WESTPHAL, Defendant-Appellant.
No. 88-5984.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Feb. 9, 1989.
Decided July 18, 1989.
Before FLETCHER, PREGERSON and LEAVY, Circuit Judges.
ORDER
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This matter is before us on Westphal's appeal from the district court's order that Westphal obey certain subpoenas served on him by the NLRB in connection with its investigation of unfair labor practices.
The NLRB has represented before us that Westphal has now complied fully with the subpoenas and that no additional information will be required from him regarding the investigation. Therefore, this situation is not capable of repetition.
Accordingly, the appeal is dismissed as moot. The district court should vacate its decision. See United States v. Munsingwear, Inc., 340 U.S. 36 (1950).