IN RE GRAND JURY PROCEEDINGS KLAYMAN

No. 84-6359.

760 F.2d 1490 (1985)

In re GRAND JURY PROCEEDINGS Kenneth KLAYMAN, Witness. Philip A. DEMASSA, Intervenor and Real Party In Interest, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 6, 1985.


Attorney(s) appearing for the Case

Thomas A. Johnston, Law Offices of Barry Tarlow, Los Angeles, Cal., for appellant.

Herbert B. Hoffman, San Diego, Cal., for appellee.

Before GOODWIN, WALLACE, and REINHARDT, Circuit Judges.


WALLACE, Circuit Judge:

DeMassa appeals the district court's order that promised to hold Klayman in contempt if Klayman continued to refuse to answer certain questions during the grand jury investigation of DeMassa. DeMassa subsequently moved to dismiss the appeal on the ground that the controversy is now moot. We have jurisdiction under 28 U.S.C. § 1291. We agree that the controversy is moot and do not reach the merits.

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