Dr. Harry Kaplan v. Samuel Hirsh

ORDER

For reasons appearing to the court,

IT IS ORDERED that:

1. the panel and dissenting opinions are withdrawn (696 F.2d 1046);

2. the appeal is dismissed for mootness;

3. the case is remanded to the District Court for dismissal for mootness;

4. Judge Murnaghan notes that the panel majority opinion had, in all events, already been vacated, as a consequence of the vote by a majority of the members of the Court in active service in favor of rehearing en banc.

Entered at the direction of Judge Hall with the concurrence of the active circuit judges of this court.