United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 97-1991WM
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Gene W. Spitzmiller, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the Western
* District of Missouri.
Julia Hawkins; David Harrison; Paul *
Boudreau; Missouri Personnel Advisory * [UNPUBLISHED]
Board, *
*
Appellees. *
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Submitted: October 6, 1997
Filed: October 15, 1997
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Before FAGG, BOWMAN, and MURPHY, Circuit Judges.
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PER CURIAM.
After Gene W. Spitzmiller was dismissed from his position as a hearing examiner
for Missouri's Personnel Advisory Board (PAB), Spitzmiller filed actions in federal
district court, in Missouri state court, and before the PAB, alleging his dismissal was
unlawful. The district court ordered the federal action stayed pending disposition of
the state actions, and Spitzmiller appeals. Because the district court's order was based
on abstention and Spitzmiller has now dismissed the state proceedings, the district
court's order has expired by its own terms and we conclude the appeal is moot.
Accordingly, we dismiss Spitzmiller's appeal as moot.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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