November 18, 1994 [NOT FOR PUBLICATION]
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 94-1748
DOUGLAS E. YEO, ETC.,
Plaintiff, Appellant,
v.
TOWN OF LEXINGTON, ET AL.,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Richard G. Stearns, U.S. District Judge]
Before
Selya, Circuit Judge,
Bownes, Senior Circuit Judge,
and Stahl, Circuit Judge.
John W. Spillane, with whom John J. Spillane was on brief,
for appellant.
Jason Berger, with whom John F. Welsh, Adam P. Forman, and
Testa, Hurwitz & Thibeault were on brief, for appellees.
Per Curiam. We dismiss this appeal for want of
Per Curiam.
appellate jurisdiction on the ground of mootness. See, e.g.,
Oakville Dev. Corp. v. FDIC, 986 F.2d 611, 613 (1st Cir. 1993).
This dismissal is without prejudice to appellant's continued
prosecution of the underlying action, which remains pending in
the district court. We take no view of either (1) the
appropriateness of the district court's denial of preliminary
injunctive relief, or (2) the merits of the case.
Appeal dismissed. No costs.
Appeal dismissed. No costs.
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