Nguyen Da Yen v. Kissinger

602 F.2d 925 NGUYEN DA YEN, Nguyen Da Vuong and Nguyen Da Tuyen, Plaintiffs-Appellants, v. Henry KISSINGER, James Schlesinger, Edward Levy, Colonel Robert V. Kane, Jasper Horn and Mario Obledo, Defendants-Appellees, and Friends For All Children, Friends of Children of Vietnam and Holt Adoption Program, Inc., Defendants in Intervention. No. 76-1833. United States Court of Appeals, Ninth Circuit. July 11, 1979. ORDER Appeal from the United States District Court for the Northern District of California, Spencer Williams, J. 1 Nancy Stearns, New York City, Neil T. Gotanda, Oakland, Cal., argued, for plaintiffs-appellants. 2 John W. Keker, Kate C. Freeland, San Francisco, Cal., argued, for defendants-appellees. 3 Before CARTER and HUFSTEDLER, Circuit Judges, and FRANK J. MURRAY, District Judge. * 4 The district court having refused to certify the class on behalf of which the suit was brought (Nguyen Da Yen v. Kissinger, 70 F.R.D. 656 (N.D.Cal.1975)), and the named plaintiffs having sought and obtained dismissal of their claims, no controversy remains and we are forced to dismiss this appeal for mootness. Vun Cannon v. Breed, 565 F.2d 1096 (9th Cir. 1977). Nothing expressed or implied in…