LEE v. SCHMIDT-WENZEL

Nos. 84-5945, 84-5974.

766 F.2d 1387 (1985)

Howard K. LEE, Li Yu, Eileen Ku, and Enoch C.J. Ho, on behalf of themselves and on behalf of California Pacific National Bank, Plaintiffs-Appellees, v. Dietmar SCHMIDT-WENZEL and Gene C. Harter, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 26, 1985.


Attorney(s) appearing for the Case

Richard Burdge, Lillick, McHose & Charles, and Amy Branaman, Gibson, Dunn & Crutcher, Los Angeles, Cal., for plaintiffs-appellees.

Robert L. Ivey, Ellen Hodgson Brown, Evans & Harter, Los Angeles, Cal., for Gene Harter.

Lawrence M. Jacobson, Nancy A. Lee, Schneider & Shaffer, Santa Monica, Cal., for Dietmar Schmidt-Wenzel.

Before HUG and BOOCHEVER, Circuit Judges, and THOMPSON, District Judge.


HUG, Circuit Judge:

I

This case involves a dispute over whether three vacancies on the board of directors of a bank were properly filled by the remaining directors. We hold that no live controversy exists between the remaining parties to the action and that the case is moot.

At the time this action was instituted, plaintiffs Lee, Yu, and Ku were three of the duly elected directors of the California Pacific National Bank (the "Bank"). Plaintiff Ho...

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