EUREKA CEREAL BEVERAGE CO. v. PENNINGTON

PER CURIAM.

Apart from the failure of the plaintiff in this bill to make the commissioner a party [see opinion of this court in Chamberlain v. Lembeck, 18 F.2d 408], the year covered by the permit here involved had expired before this case was argued before this court, and the questions involved were then academic.

Accordingly, the appeal is dismissed.