Eureka Cereal Beverage Co. v. Pennington (66 F.2d 1005, 1933)

PER CUEIAM.

Apart from the failure of the plaintiff in this hill to make the commissioner a party [see opinion of this court in Chamberlain v. Lembeck, 18 F.(2d) 408], the year covered by the permit here involved had expired before this case was argued before this court, and the questions involved were then academic.

Accordingly, the appeal is dismissed.