William Heikkila v. Bruce G. Barber, Etc.

When this matter initially came to this court it was here pursuant to two appeals. One of such appeals was from a judgment dismissing Heikkila’s action in the district court in which he sought injunction and other relief designed to review and set aside an order for his deportation. The other was from an order of the district court holding that the ap-pellee Barber was not in contempt of court in deporting and transferring Heikkila to Finland at a time when, according to the appellant, the action to review the order of deportation was still pending in the district court.

Both notices of appeal were filed July 28, 1958. Thereafter the perfection of the record in this court proceeded in the customary manner. The printed transcript of the record was filed February 17, 1959; appellant’s opening brief was filed April 14, 1959; appellee’s brief was filed August 3, 1959; and appellant’s reply brief was filed August 24, 1959. On May 7, 1960, the appellant Heikkila died. This operated to terminate the appeal so far as the issue of the propriety of the order of deportation was concerned as the cause in that respect became moot. However, on February 21, 1961, Phyllis Heikkila, widow of said…