McKee & Company v. First National Bank of San Diego
| Decision Date | 21 June 1968 |
| Docket Number | No. 22065.,22065. |
| Parties | McKEE & COMPANY, a partnership, Appellant, v. FIRST NATIONAL BANK OF SAN DIEGO, a national banking association, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Thomas R. Mitchell (argued), of Hervey & Mitchell, San Diego, Cal., for appellant.
Harry Hargreaves (argued), of Procopio Cory, Hargreaves & Savitch, San Diego, Cal., for appellee.
Before CHAMBERS and ELY, Circuit Judges, and BYRNE, District Judge.
The judgment is affirmed. The question of denying an injunction is moot. This is for the reason that all of the events sought to be enjoined have now occurred.
Our judgment is without prejudice to any new action claiming damage occurring subsequent to the dismissal.
The parties shall bear their own costs.
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14 cases
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State of N. D. v. Merchants Nat. Bank and Trust Co., Fargo, N. D.
...F.Supp. 781, 783 (D.D.C.1968); McKee & Co. v. First Nat'l Bank of San Diego, 265 F.Supp. 1, 5 (S.D.Cal.1967), aff'd per curiam, 397 F.2d 248 (9th Cir. 1968); South Dakota v. National Bank of S. D., 219 F.Supp. 842, 844-45 (D.S.D.1963), aff'd, 335 F.2d 444 (8th Cir. 1964), cert. denied, 379 ......
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Alameda Conservation Association v. State of Cal.
...matter is therefore moot. Brockington v. Rhodes, 396 U.S. 41, 90 S.Ct. 206, 24 L. Ed.2d 209 (1969); McKee & Co. v. First National Bank of San Diego, 397 F.2d 248 (9th Cir. 1965) (per curiam). With respect to the other parties we are confronted at the outset with the issue of standing. Each ......
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Country Nat. Bank v. Mayer
...599, 607, 88 L.Ed. 692 (1944); see also McKee & Co. v. First Nat'l Bank of San Diego, 265 F.Supp. 1, 5 (S.D.Cal.1967), aff'd, 397 F.2d 248 (9th Cir.1968). Although it is true that the National Bank Act, 12 U.S.C. § 93, provides a federal cause of action against the directors of a national b......
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DR. MARTIN LUTHER KING, JR., ETC. v. City of Chicago
...filing of a supplemental complaint which may deal with any question, including a claim for damages. See McKee & Company v. First National Bank of San Diego (9 Cir. 1968), 397 F.2d 248. Accordingly, an order will be entered dismissing this suit as moot, without prejudice to plaintiffs' right......
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