379 P.2d 990
No. 36195.The Supreme Court of Washington. Department Two.
March 28, 1963.
Appeal from a judgment of the Superior Court for King County, No. 549978, Story Birdseye, J., entered June 16, 1961 Dismissed.
F.A. LeSourd, Woolvin Patten, and Max D. Crittenden (o LeSourd Patten), for appellant.
Evans, McLaren, Lane, Powell Moss, Martin P. Detels, Jr., and Barry H. Biggs, for respondent.
PER CURIAM.
In Thompson v. Ezzell, ante p. 685, 379 P.2d 983 (Supreme Court Cause No. 36338), we affirmed a judgment in favor of plaintiffs, based upon a writ of garnishment.
In the instant case (Supreme Court Cause No. 36195) plaintiffs appeal from a judgment dismissing with prejudice defendant Cruisers, Inc. for the reason the evidence did not warrant a verdict against said defendant.
Affirmance of case No. 36338 renders the instant case moot; therefore, this appeal is dismissed.
It is so ordered.
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REPORTER’S NOTE
By order of the Supreme Court dated December 13, 1957, the reporter was directed not to publish any opinion of the Supreme Court in bound volumes of the Washington Reports while a petition for rehearing is pending, and until after the final determination if a rehearing is granted.
Pursuant to the above order, the opinion in the following case, which was published in Vol. 161 of the Washington Decisions, has been withheld from publication in the current volume:
No. 36494 Nichols v. Spokane Sand Gravel Co.
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