Peterson v. State of Wash.

24 F.3d 248 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kenneth D. PETERSON, Jr., Individually and for the Benefit of His Minor Children Emily C. Peterson and Erik K. Peterson, Plaintiffs-Appellants, v. STATE OF WASHINGTON; Robert S. Turner, in His Official Capacity as Director of the Washington Department of Fisheries; State of Oregon; Rod Ingram, in His Official Capacity as Acting Director of the Oregon Department of Fish and Wildlife, Defendants-Appellees. No. 94-35160. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 2, 1994. Decided May 13, 1994. Before: ALARCON, NORRIS and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Kenneth Peterson appeals from the denial of his motion to enjoin the winter 1994 fishing season authorized by Washington and Oregon on the lower Columbia River. Because the appeal is moot, we dismiss and remand to the district court for trial on the merits. 3 On February 15, 1994, when Peterson initially filed his motion to enjoin…