[NOT FOR PUBLICATION]









                            UNITED STATES COURT OF APPEALS
                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT
                                FOR THE FIRST CIRCUIT



                              _________________________





          No. 96-1644





                                    SIDNEY ABBOTT,



                                Plaintiff, Appellant,



                                          v.



                               RANDON BRAGDON, D.M.D.,



                                 Defendant, Appellee.



                              _________________________



                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                              FOR THE DISTRICT OF MAINE



                     [Hon. Morton A. Brody, U.S. District Judge]
                                            ___________________



                              _________________________



                                        Before



                                Selya, Circuit Judge,
                                       _____________



                            Aldrich, Senior Circuit Judge,
                                     ____________________



                              and Stahl, Circuit Judge.
                                         _____________



                              _________________________



               David G.  Webbert and Bennett  H. Klein, with  whom Johnson,
               _________________     _________________             ________

          Webbert  &  Laubenstein and  Gay  and Lesbian  Advocates  were on
          _______________________      ___________________________

          brief, for plaintiff Sidney Abbott.

               John W. McCarthy,  with whom  Brent A. Singer  and Rudman  &
               ________________              _______________      _________

          Winchell were on brief, for defendant Randon Bragdon, D.M.D.
          ________



                              _________________________





                                    March 5, 1997

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                    Per  Curiam.  This is  a protective appeal,  taken by a
                    Per  Curiam.
                    ___________



          prevailing  plaintiff  as a  precaution,  should  we see  fit  to



          reverse or vacate a summary judgment entered in  her favor by the



          district  court.  We have  today issued an  opinion affirming the



          summary  judgment.   See  Abbott v.  Bragdon,  No. 96-1643.    We
                               ___  ______     _______



          therefore dismiss this appeal as moot.







          Appeal dismissed.  No costs.
          Appeal dismissed.  No costs.
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