Henry Holsinger, Chairman, State Water Rights Board v. City of Fresno

This is an appeal from an order entered on May 24, 1955, enjoining the predecessor of appellant State Water Rights Board from continuing with certain hearings then being held, until the further order of the court. This order was entered in certain ancillary proceedings growing out of the extensive Rank v. Krug litigation, concerning water rights on the San Joaquin River, which has been pending in the state and federal courts since 1947.

Appellees have suggested to this court that the appeal should be dismissed for mootness. This suggestion is based on the fact that, on January 18,1957, a judgment was entered in the principal action, one provision of which dissolves the preliminary injunction here under review, and dismisses the ancillary action in which it was obtained.

Appellants resist the suggestion that the appeal should be dismissed for mootness. They point out that, on January 25, 1957, appellees, proceeding in part according to Rule 52(b), Federal Rules of Civil Procedure (28 U.S.C.A.), moved to amend the judgment of January 18, 1957. Appellants contend that, by making this motion to amend, appellees destroyed the finality of that judgment, thus leaving the order appealed…