UNITED STATES v. FAY

PER CURIAM.

We have been informed that petitioner died on July 30, 1960, after submission of his appeal, but prior to a determination thereof.

The appeal is dismissed as moot.

MOORE, Circuit Judge (dissenting).

I would grant the petition to amend. Although the appeal is moot by reason of William Lynch's death, the proper procedure indicated by the Supreme Court in United States v. Munsingwear, Inc., 1950, 340 U.S. 36, 39, 71 S.Ct. 104, 95 L.Ed. 36, and recently by this court in Bodkin v. United States, 2 Cir., 1959,

266 F.2d 55, 56, in my opinion is to dismiss the appeal, vacate the district court's judgment and remand with directions to dismiss. I would adopt this procedure.