The Bank of New York Company, Inc. v. Northeast Bancorp, Inc. First Fidelity Bancorporation Frank J. Kugler, Jr. George R. Kabureck and Peter v. Young

WINTER, Circuit Judge:

The Bank of New York Co. (“BNY”) appeals from the denial by Judge Covello of its motion for a preliminary injunction. BNY, which, at the beginning of pertinent events, owned all the 1,000,000 issued shares of Northeast Baneorp’s (“Northeast”) non-voting common stock (Class B), sought to enjoin the merger of Northeast and First Fidelity Bancorporation (“First Fidelity”). Because the merger has already occurred and we cannot feasibly restore the status quo, we dismiss the appeal as moot.

In January 1992, Northeast, on the verge of bankruptcy and under pressure from federal…