Donald Leroy NYE, Petitioner and Appellant, v. E. J. OBERHAUSER, Superintendent, California Department of Corrections, et al., Appellee.
No. 25450
United States Court of Appeals, Ninth Circuit
April 8, 1971
439 F.2d 957
Before CHAMBERS, BROWNING and WRIGHT, Circuit Judges.
It is further ordered that the cross-applications of the Board are allowed in both cases and that the orders of the Board reported at 184 N.L.R.B. No. 99 and 184 N.L.R.B. No. 103 be and hereby are enforced.
The Board filed a petition for preliminary relief, praying the Company be ordered to bargain collectively with the Union pending disposition of the review and enforcement proceedings. This petition was set for oral argument on Thursday, February 4, 1971. Counsel for the Company failed to appear after due notice. In view of this order of enforcement, the Court finds it unnecessary to act on the petition for preliminary relief.
Donald Leroy Nye, in pro. per.
Jack K. Weber, Deputy Atty. Gen. (argued), Evelle J. Younger, Atty. Gen., William E. James, Asst. Atty. Gen., Los Angeles, Cal., for appellee.
PER CURIAM:
The appeal is dismissed on the ground that the issues presented to the district court are now moot.
The underlying charges in New Hampshire upon which the detainer was filed with the California state authorities have been dismissed. The California authorities are aware of this. The attorney general assures us that no effect will now be given to the detainer. At most, the detainer remains only a wild paper in Nye‘s prison file.