895 F.2d 1576
FIRST STATE INSURANCE COMPANY, Plaintiff-Appellant,
v.
WESTERN INVESTMENT & DEVELOPMENT CORP.; Keck's Drapery
Manufacturing Co.; James C. Barggren; Douglas D. Barman;
Larry Barman; Ben Giles; Harold Murphree; G.L. Scott;
Madonna L. Dunn; John F. O'Donnell; Michael Pelphrey;
Maurice J. Collins; Roy W. Hennings; and John Budesky,
Defendants-Appellees.
No. 88-5518.
United States Court of Appeals,
Ninth Circuit.
Feb. 26, 1990.
Before GOODWIN, Chief Judge, BROWNING, TANG, FARRIS, PREGERSON, CANBY, NORRIS, BEEZER, HALL, LEAVY and TROTT, Circuit Judges.ORDER
In light of the parties' settlement of the underlying action, the court concludes that en banc would be improvident and that the appeal should be dismissed for want of a case or controversy.
The order granting en banc review is vacated. The appeal is dismissed as moot.
